Ohio Dog Bite Laws

Ohio dog bite law is a ‘strict liability’ statute, which means a dog’s owner, keeper, or harborer is legally responsible for injuries caused by their dog. Unlike in some states, a bite victim does not need to prove the owner was negligent or that the dog had a history of aggression. Unless specific defenses apply, the owner is liable for the victim’s damages, such as medical expenses.

If you’re a dog bite victim, few things are as traumatic as suffering a dog bite injury. As the dog’s owner, it’s heartrending to realize that your furry family member caused a serious injury. Whichever side of the situation you’re on, the aftermath of a dog attack raises questions you might not know the answers to.

In this article, we’ll explain Ohio’s laws concerning dog bites and what they mean to you. We’ll discuss what to do if you’re attacked by a dog, who is liable for medical bills, and what sort of classifications dogs are given in Ohio.

It’s natural to be overwhelmed in a situation like this.

If you’ve experienced a dog bite, consider speaking to a local animal bite attorney about your injuries and how you might recover compensation.

If your dog was involved in an incident where someone was injured, consider reaching out to a personal injury defense attorney with experience in dog bite cases.

First Steps to Take After a Dog Bite

Nobody wants to be the victim of a dog attack, but it’s important to know what to do if one happens. Your priority should be to get to a safe place and then address your personal injury. Even if it doesn’t seem serious to you, you should seek medical attention. Dog bite injuries carry a high risk of infection, so a trip to the emergency room or urgent care is a good idea.

Ohio requires that a victim file a dog bite report within 24 hours to a health commissioner or animal control. You should gather the dog’s owner‘s contact information and find out whether it has the required vaccinations. Get copies of bills for any medical treatment you receive, as these will be important evidence for recovering your costs in an insurance claim or lawsuit.

The county will quarantine the dog to monitor for rabies symptoms and begin an investigation into the dog-bite case. During the case evaluation, a dog warden determines whether the dog will be assigned a classification.

Ohio Dog Bite Classifications

Ohio Revised Code Title IX § 955.22 defines acts that can lead a dog to be classified as “nuisance,” “dangerous,” or “vicious.” These classifications carry increased restrictions and responsibilities for the dog’s owner, including potential fines and misdemeanor or even felony charges. Each category has a specific legal definition.

Police dogs are not subject to classification in Ohio.

Nuisance Dog Acts

A dog may be designated as a “nuisance dog“ by authorities if it commits any of the following acts while off its owner’s property:

• It chases or menaces a person
• It attempts to bite a person

Nuisance dogs may be required to undergo behavioral training at the owner’s expense.

Dangerous Dog Acts

A dog may be classified as a “dangerous dog“ if it commits any of the following acts without provocation:

• Causing an injury that is not serious or lethal
• Killing another dog
• Three or more instances of being at large while off the dog owner’s property

Some of the requirements for the owner of a dangerous dog include:

• Keeping the dog in a secure pen or locked fenced-in area
• Obtaining a special tag identifying the dog as dangerous, which is worn at all times
• When the dog is not penned, either a six-foot leash or a muzzle must be used
• Getting special liability insurance for dog attacks

If the dog’s owner moves or the ownership of the dog changes, animal control authorities in both locations must be alerted.

Vicious Dog Acts

A dog that seriously injures or kills a person can be designated a “vicious dog,” the most serious classification in Ohio. A dog can also be designated ‘vicious’ if it commits a dangerous dog act after it has already been classified as a dangerous dog.

If the dog commits another vicious act, the dog’s owner could face a fourth-degree felony charge. In cases where the attack causes permanent disfigurement or death, Ohio courts are required to order the dog to be euthanized.

Dog Bite Liability in Ohio

Ohio dog bite laws follow a strict liability doctrine. This means that if your dog bites someone without justification, you are liable for damages. In most dog bite cases, the victim doesn’t need to prove negligence. Under Ohio dog bite statutes, it’s the dog owner’s responsibility to keep them from harming others. For example, you’re expected to keep your dog under control when off your property, such as by leashing your dog.

In states that follow the “one-bite rule,” owners might not be held liable if their dog hasn’t bitten anyone before, if they were unaware of the animal’s potential aggressive behavior. This common law does not apply in Ohio. If your dog injures someone, you could be sued in civil court and held liable for medical expenses.

There are some defenses available to dog owners. However, as Ohio attorney Eric Gile of Gile Injury Law points out, ”those defenses apply only if, at the exact moment of the attack, the victim was committing certain criminal conduct, trespassing, or teasing, tormenting, or abusing the dog on the owner’s property.”

Possible Defenses for Dog Owners

While Ohio’s law follows a strict-liability approach to dog bites, an owner is not automatically liable in every situation. A full defense against liability may exist if the injury occurred while the victim was:

• Committing a crime: The person was committing or attempting to commit a criminal offense on the owner’s property (other than a minor misdemeanor).
• Trespassing: The person was trespassing or soliciting on the owner’s property. It’s important to note that people with a legal right to be on the property, like mail carriers or delivery drivers, are not considered trespassers.
• Provoking the dog: The person was teasing, tormenting, or abusing the dog.

Of course, the defenses available depend heavily on the facts of the case. To learn whether any of these apply to your situation, it’s best to consult with a personal injury defense attorney.

Compensation for Dog Bite Injuries in Ohio

Damages (the money you can recover) in a dog bite case typically include:

• Medical expenses
• Property damage
• Lost wages
• Non-economic losses, including compensation for pain and suffering, scarring, or psychological damage

Punitive damages may be available in some cases, but require a showing of extreme negligence, recklessness, or intentional behavior. These damages are meant to punish the defendant, in addition to the compensatory damages above that make the victim “whole.”

A local dog bite attorney can analyze the facts of your case and provide a more detailed picture of what you might recover.

In addition to physical injuries, there may be psychological injuries or long-term psychological trauma resulting from a severe attack. For example, a child who was attacked may have PTSD or a phobia of animals. Local attorney Eric Gile explains:

“Because psychological injuries are not visible, they must be supported by thorough, accurate, and detailed documentation to show the client’s injuries and establish causation. That typically includes a prompt evaluation by a mental health professional, therapy records, observations from family members and teachers, and, in more serious cases, expert testimony linking the child’s condition to the attack and explaining future treatment needs.”

Homeowners Insurance Typically Covers Dog Bites

Some people may be reluctant to file a lawsuit because they may know the dog owner. However, as attorney Gile points out:

“Even though the claim is made against the dog owner, the money almost always comes from the owner’s homeowners insurance or renters insurance, not the owner’s personal bank account. The owner pays for this coverage whether or not a claim is ever filed, so filing a claim simply uses the insurance they have already purchased to compensate the injured person.”

Time Limit to File a Dog Bite Lawsuit in Ohio

The time limit for filing a lawsuit is known as the statute of limitations. In Ohio, the statute of limitations for a dog-bite injury claim is six years from the date the bite occurred.

This is a notable exception to Ohio’s general personal injury law, which typically has a two-year limit. For victims who were minors at the time of the dog bite, the six-year clock does not begin to run until their 18th birthday.

Questions About Ohio Dog Bite Laws? Get Answers From an Attorney

There are few things more terrifying than being the victim of a dog bite attack. After seeking medical attention, it’s important to secure compensation for your injuries. Consider speaking with a dog bite lawyer to make sure you have knowledgeable representation on your side.

If you’re the owner of a dog that’s bitten someone, having an advocate in your corner to fight for your furry friend can make a huge difference. A personal injury attorney specializing in dog bite defense can help get your canine companion out of the doghouse and back home with you and your loved ones.