You’ve just experienced a terrifying ordeal: you’ve been bitten by a dog. Whether it was a neighbor’s pet, a dog off-leash at a park, or one from an unsecured backyard, you’re probably bleeding, shaken, and filled with questions. One of the biggest ones is likely: “Can I have the dog owner pay my medical bills?”
The answer is yes. Dog bites can cause serious injuries, both physical and emotional. Seeking compensation not only helps you get the care and support you need to heal, but it also holds the dog owner accountable and potentially prevents future attacks.
That said, while dog owners are generally liable for any damages caused by their pets, there are some exceptions to Ohio’s dog bite laws.
What Are Ohio’s Dog Bite Laws?
Unlike some states, Ohio follows a strict liability rule. This means that if a dog bites someone, the owner—or anyone else in charge of the dog at the time—is generally held responsible, regardless of the dog’s previous behavior.
In other words, there’s no need for you, the victim, to prove the owner was negligent or knew the dog was dangerous. You just have to prove you were bitten and the bite caused injury or some other damage. Just make sure you contact a dog bite lawyer to file your claim within two years from the date of the bite.
What Are the Exceptions To Ohio Dog Bite Laws?
Provocation
If you were intentionally messing with the dog, teasing it, or trying to hurt it, the owner’s liability might be reduced or even eliminated. That’s because Ohio dog bite laws want to encourage responsible behavior around animals.
But what if you were bit after accidentally startling the dog? Or if a playful gesture went wrong? The good news is the Ohio dog bite law understands that not all actions leading to a bite are intentional. In these cases, if it’s clear you weren’t acting recklessly, the owner may still be held responsible for your injuries.
What if the dog bit my child?
There’s an important twist: for young children, the standard is different. Because kids are still learning about how to interact with animals safely, Ohio dog bite laws often protect them even if their actions might have provoked a dog.
For example, if a child innocently pulls a dog’s tail or ears out of curiosity, the law typically does not hold them at fault for provoking the dog as it would an adult. Or if they accidentally startle a sleeping dog by approaching too quickly, the dog’s reaction (even if it bites) might not absolve the owner of liability, given the child’s lack of understanding and intent.
We know how terrifying it is for a child to experience a dog bite—our managing partner, Jim Slater, was threatened by a dog as a child. While it didn’t result in an attack, it left a deep impression. That’s why Jim and all the dog bite lawyers at Slater & Zurz are passionate about getting justice for dog bite victims.
Our attorneys recently handled a case where an eight-year-old boy had the tip of his nose bitten off by a dog. Medical expenses at the time of the case were $8,000, but we ended up settling the claim for $230,000, which shows just how serious a dog bite injury can be.
Call us at 330-762-0700 for a free consultation on your dog attack. We’ll review your claim, answer your questions, and suggest the best strategy for recovering compensation.
Criminal activity
If you were committing a crime (other than a minor misdemeanor) at the time of the bite, you likely won’t be able to recover damages. Here, the responsibility for the bite shifts to you since you were not supposed to be in that situation to begin with.
Trespassing
Being on someone’s property without permission can also impact your ability to recover damages. However, it’s not always black and white. Unless the property owner has made it explicitly clear that visitors are not allowed—through signage, for example—the public may assume an “implied invitation” to approach the door.
This covers many everyday scenarios: if you’re a delivery driver, a door-to-door salesperson, a neighbor stopping by, or simply someone who is lost and seeking directions, you’re typically regarded as rightfully being there.
When it comes to children, the approach is even more forgiving. Ohio dog bite laws often recognize that children may not fully understand property boundaries or private property signs. As a result, if a child wanders onto the property and is bitten by a dog, the liability may still fall on the dog owner.
What About the Assumption of Risk?
What if there was a “Beware of Dog” sign on the property? In Ohio, these signs don’t necessarily absolve the dog owner of liability. The law recognizes that certain situations, like a dog bite, can be unpredictable, and even a cautious person can be caught off guard.
So, even if there were warnings posted, the owner is liable for injuries even if you knowingly risked the injury by entering the area.
Holding A Dog Owner Liable: What You Need to Know
If you’ve been bitten by a dog, you might be feeling anxious about the next steps for holding the dog owner responsible. As someone who has guided many clients through this process, I understand how daunting this can sound—especially if the dog owner is a friend, family member, or neighbor.
After you’ve properly treated and documented your injuries, here are some steps you can take after being bitten by a dog in Ohio:
- File a police report. A police report provides a legal record of the bite, which can be vital if you want to pursue a claim. It helps establish the facts and details of the case while still fresh.
- Contact the dog warden. In Ohio, the dog warden plays a key role in dealing with animal-related incidents. Reporting the bite to the warden ensures that there is an official record with animal control, and they can take necessary steps to assess and manage the dog’s future interactions to keep the community safe.
- Hire a dog bite lawyer. You don’t have to go to court to receive the justice you deserve. Many of our clients get compensation through the dog owner’s homeowner’s insurance, which is a process that’s much quicker, less expensive, and less confrontational than going to court. An experienced dog bite lawyer can navigate these negotiations for you, ensuring that you receive fair compensation for your injuries and any other damages without the stress of a trial.
Navigating a dog bite claim can be complex, and here’s where legal advice becomes invaluable. An experienced lawyer can help you understand your rights and the potential for your claim while negotiating a fair settlement on your behalf.
Remember, holding a dog owner liable is not just about seeking compensation—it’s about ensuring accountability and safety for everyone. If you find yourself in this unfortunate situation, know that you do not have to handle it alone. Contact our dog bite team at 330-762-0700 for a free consultation today.
Frequently Asked Questions
- What’s the difference between a provoked vs. unprovoked dog bite?
- A provoked dog bite occurs when the dog reacts to being teased, hurt, or frightened. An unprovoked bite happens without apparent cause, where the dog attacks without being threatened.
- Who is liable if a leashed dog bites an unleashed dog?
- Typically, the owner of the unleashed dog may be liable, as leash laws require dogs to be restrained in public.
- A neighbor’s dog charged me on my property—what do I do?
- Document the incident by reporting it to local animal control or the police. Contacting the dog’s owner is also advisable if the situation is safe. This can help address the behavior and prevent future incidents, while also establishing a record should you seek legal action.
