If you or a loved one has been bitten by a dog in Ohio, you may be wondering who is legally responsible and what rights you have. The good news is that Ohio law provides clear protections for victims of dog bites. This article explains who can be held liable for a dog bite, what legal standards apply, and how you can pursue recovery for injuries.
1. The “Strict Liability” Rule in Ohio
In Ohio, the statute that plays a central role is Ohio Revised Code § 955.28. Under subsection (B) the statute says:
“The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog …” (codes.ohio.gov)
This means that in many dog bite cases the victim does not have to prove that the dog’s owner was negligent. Simply showing that the dog caused an injury, and that the defendant was an owner, keeper, or harborer, may be enough to hold them responsible. The terms “keeper” and “harborer” cover more than just the owner, because a person who has control over the dog or the property where it lives may also be held liable.
2. Who Can Be Held Liable?
Under Ohio law, liability can fall on:
- The dog’s owner (the person who legally owns the animal)
- The dog’s keeper (someone responsible for the care or control of the dog)
- The dog’s harborer (someone who provides premises or shelter for the dog and has control of that property)
In some cases a landlord, tenant, or pet sitter can be considered a harborer and may face liability depending on their level of control over the dog and the situation.
3. Defenses the Dog Owner May Raise
Although the statute provides strict liability, Ohio law allows a few defenses. Under § 955.28(B), liability does not apply if at the time of the injury the person:
- Was committing or attempting to commit criminal trespass or another criminal offense on the property of the owner, keeper, or harborer
- Was teasing, tormenting, or abusing the dog on the property
Even though the law is favorable to victims, dog owners may successfully defend a claim if one of these exceptions applies.
4. Additional Legal Theories: Negligence
While strict liability is the most direct path, victims can also bring claims under common law negligence rule. Under common law negligence, a victim must prove that the owner knew the dog was vicious and failed to act reasonably to prevent harm. A negligence claim applies when there is evidence that the dog had bitten or shown dangerous behavior before, and the owner knew or should have known about it. These theories may allow for additional claims or damages, although punitive awards are rare in Ohio dog bite cases.
5. What the Victim Should Do Right Away
If you have been bitten by a dog, follow these steps to protect your health and your rights:
- Get medical attention right away. Dog bites can lead to infection and scarring.
- Report the incident to your local health department or animal control. Ohio law (§ 955.261) requires that a biting dog not be moved or transferred until any required quarantine is complete. (codes.ohio.gov)
- Take photographs of your injuries and the location of the attack, and gather names of witnesses and the dog owner’s information.
- Save all medical bills, pay stubs showing lost wages, and any communication from insurance companies.
- Contact an attorney who understands Ohio dog bite law so you can focus on healing while your rights are protected.
6. Statute of Limitations
Under Ohio law you generally have two years from the date of the injury to file a personal injury claim. Acting quickly is important because waiting too long can weaken your case or prevent recovery entirely.
Conclusion
Ohio’s dog bite laws are designed to protect victims and hold negligent owners accountable. You should not have to face medical bills, insurance pressure, and emotional distress on your own. If you or someone you care about has been bitten by a dog, it is important to know your rights and get professional help.
Speak With an Ohio Dog Bite Lawyer Today
For trusted guidance from an experienced Ohio attorney, visit OhioDogBiteLawyer.us to learn more or request a free consultation. Attorney George R. Oryshkewych helps victims across all Ohio counties get the help they deserve.