Can I Sue for My Dog Bite Injuries?
According to Ohio law, a person who a dog has bitten must prove they were lawfully in the same location as the animal to receive damages for the bite. Before filing a claim seeking damages, a claimant needs to ensure their interactions with the dog fall within Ohio dog bite laws. Failure to meet these guidelines can affect liability and potential lawsuits. Generally, most dog bite cases result in liability falling on the owner except in certain circumstances, which we’ll discuss in this blog.
Understanding Liability Limitations in Ohio Revised Code 955.28 (B)
If you or someone you love sustained injuries in a dog bite accident, there are important exclusions to liability included in Ohio law. Many people are unaware of these limitations, so they may be left without recourse after suffering an injury. An experienced personal injury attorney can review the details of your case and determine if any of the exclusionary factors found in Ohio Revised Code 955.28 (B) could impact your case. Additionally, understanding these limitations can ensure you have the information needed to make an informed decision about your case and any legal options available.
According to Ohio Revised Code 955.28 (B):
The owner, keeper, or harborer of a dog is liable for damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit criminal trespass or another criminal offense other than a minor misdemeanor on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property. Additionally, the owner, keeper, or harborer of a dog is liable for damages for any injury, death, or loss to person or property that is caused by the dog if the injury, death, or loss was caused to the person or property of an individual who, at the time of the injury, death, or loss, was on the property of the owner, keeper, or harborer solely for the purpose of engaging in door-to-door sales or other solicitations regardless of whether the individual was in compliance with any requirement to obtain a permit or license to engage in door-to-door sales or other solicitations established by the political subdivision in which the property of the owner, keeper, or harborer is located, provided that the person was not committing a criminal offense other than a minor misdemeanor or was not teasing, tormenting, or abusing the dog.
The laws and limitations governing dog bite accidents in Ohio differ from those in many other states, which have an assumption of danger exception for victims. For example, posting a sign to ‘Beware of Dog’ is not a defense in dog bite cases in Ohio. The harborer or owner would still be liable for injuries even if the victim knew the risks posed by the animal on the premises. Understanding these laws can help ensure you or your loved ones have a recourse to address damages and injuries legally so you can fight for compensation and accountability.
Why Dog Bite Victims Should Meet with a Personal Injury Attorney
The public sentiment surrounding dog bite cases can vary, but the pressure to minimize these types of injuries denies victims fair compensation and the ability to hold negligent owners accountable for their pets. Additionally, dog bites can cause serious harm, with many more common injuries involving soft tissue trauma, such as lacerations and puncture wounds. A dog bite can also lead to serious bone fractures, contusions, significant blood loss, and infections. Given the severity of dog bite-related injuries, protecting your ability to file a personal injury claim to recover damages from any loss of property or injury is vital. If you have been the victim of a dog bite in Ohio, it's important to understand your legal rights and options. The first step is determining whether you have a case according to Ohio law. The attorneys at Bridges, Jillisky, Weller & Gullifer, LLC, can help you with this process and answer any questions you may have. We know how overwhelming and stressful this situation can be, which is why our legal team offers consultations. Call now at (937) 403-9033 to schedule an appointment or to request more information. One of our compassionate personal injury attorneys can meet to discuss the details of your accident.