Dog bites can be painful, frightening, and leave lasting scars, both physical and emotional. In Ohio, thousands of people are injured each year in dog-related incidents, and many victims aren’t sure what their legal rights are after an attack. Understanding how Ohio law handles dog bites is important if you or someone you love has been bitten. This guide will explain Ohio’s dog bite laws, what steps to take after a bite, and how Attorney Michael Wright in Dayton, Ohio, can help you pursue the compensation you deserve.
Ohio Dog Bite Liability Laws Explained
Ohio is one of the strictest states when it comes to dog bite laws. Under Ohio Revised Code Section 955.28(B), a dog’s owner, keeper, or harborer is held strictly liable if their dog injures a person, another dog, or damages property.
Strict liability means the victim does not need to prove that the dog had bitten before or that the owner was negligent. In some states, an owner is only responsible if the dog has shown aggression before (known as the “one bite rule”). Ohio does not follow that rule. Instead, if a dog causes injury, the owner is almost always legally responsible, whether or not the dog had a history of biting.
Who Can Be Held Responsible
Ohio law makes more than just the “owner” accountable. Responsibility can also fall on a:
- Keeper – someone who temporarily had control over the dog, such as a pet sitter.
- Harborer – a person who allows a dog to live on their property, even if they aren’t the official owner.
This means liability can extend beyond the dog’s legal owner depending on the situation.
Exceptions to Liability
There are a few important exceptions where the dog’s owner (or keeper/harborer) may not be held liable:
- Trespassing – If the victim was illegally on the property when the bite occurred.
- Committing a crime – If the victim was engaged in a criminal act at the time.
- Provocation – If the person was teasing, tormenting, or abusing the dog.
In these situations, the law recognizes that the owner should not be punished for circumstances outside their control.
Types of Compensation Available
Victims of dog bites in Ohio may be entitled to recover damages for:
- Medical expenses (hospital bills, medication, surgeries)
- Lost wages if the injury kept them from working
- Pain and suffering from physical and emotional trauma
- Property damage (such as torn clothing or broken glasses)
Some cases can also involve claims under Ohio’s common law negligence, which can increase potential compensation if it’s shown the owner acted recklessly, for example, ignoring known aggressive behavior or violating local leash laws.
What to Do If You’re Bitten by a Dog in Ohio
A dog bite can be both painful and overwhelming, but what you do immediately afterward can make a big difference in your health and in protecting your legal rights. Even a bite that looks minor can lead to infection, nerve damage, or scarring if not treated properly. Here are the key steps to take:
1. Get Medical Care Right Away
- Wash the wound with soap and water as soon as possible.
- Seek medical attention, even for small punctures, since dog saliva can carry bacteria.
- Follow your doctor’s instructions and keep records of your diagnosis and treatment.
2. Report the Incident
- Contact your local health department or animal control agency to report the bite.
- Reporting ensures the dog is properly documented and may also help determine if the dog has a history of aggressive behavior.
- This record can be important evidence later if you decide to file a claim.
3. Collect Information from the Dog’s Owner
- Ask for the owner’s name, address, phone number, and insurance information.
- Confirm whether the dog is up to date on rabies vaccinations.
- If the dog was being walked by a caretaker or sitter, try to get their information as well.
4. Document the Scene and Your Injuries
- Take clear photos of your injuries as soon as possible and continue taking photos during recovery.
- Photograph the location of the incident and anything that shows how the bite happened (for example, a broken fence or an unleashed dog).
- Ask witnesses for their contact information in case their testimony is needed later.
5. Keep Records and Save Evidence
- Hold onto all medical records, bills, and receipts for prescriptions or supplies.
- Save damaged clothing, torn shoes, or anything else affected in the attack.
- Keep a written journal describing your pain, emotional distress, or missed time from work.
By taking these steps early, you not only protect your health but also create a strong foundation for a potential claim. Insurance companies and courts rely heavily on documentation, and the more evidence you have, the stronger your case will be.
Consulting with an experienced dog bite attorney soon after the incident can also make a big difference. A lawyer can help you understand your rights, deal with insurance companies, and make sure you don’t miss important deadlines for filing a claim.
When the Dog Owner Is Held Responsible
Under Ohio’s strict liability law (Ohio Revised Code § 955.28), dog owners are almost always responsible when their dog injures someone. This means the victim does not have to prove that the owner was careless or that the dog had bitten before; the fact that the bite happened is usually enough to create liability.
When a Case May Be Even Stronger
While strict liability usually applies, a case can be even more favorable to the victim if:
- The dog has a known history of aggression or prior complaints.
- The owner violated local leash laws or other safety ordinances.
- The owner acted recklessly or knowingly allowed the dog to pose a danger.
In those situations, victims may also have the option to bring a negligence claim in addition to strict liability, which can sometimes allow for greater compensation.
Insurance Coverage for Dog Bite Claims
Many dog bite claims are paid through the dog owner’s homeowner’s or renter’s insurance. These policies often cover medical expenses and liability for injuries caused by pets. However, there are important limits to keep in mind:
- Some policies exclude certain breeds that insurers consider high risk.
- Coverage may be denied if the dog has bitten before and the owner failed to disclose it.
- There may be policy limits that cap the amount the insurance company will pay.
If insurance does not apply, or if the claim exceeds the coverage limits, the dog owner may be personally responsible for paying damages.
Why Legal Guidance Matters
Dog bite cases can quickly become complicated when insurance companies try to limit payouts or deny coverage. An experienced attorney can identify all possible sources of compensation and make sure your claim is handled properly.
Gathering Evidence for a Dog Bite Claim
The strength of a dog bite case often depends on the quality of the evidence collected. The more proof you have, the harder it is for an insurance company or the dog owner to deny your claim. Here are the most important types of evidence to gather:
- Photographs and Videos – Take clear photos of your injuries immediately after the bite and continue documenting the healing process. Pictures of torn clothing, bloodstains, or the location where the attack happened are also valuable.
- Witness Statements – If anyone saw the attack, ask for their name and contact information. Independent witnesses can be powerful in supporting your version of events.
- Medical Records and Bills – Keep copies of all doctors’ notes, hospital records, and receipts for treatment, medication, or therapy. These show both the seriousness of your injury and the financial impact.
- Animal Control or Police Reports – If the incident was reported, obtain a copy of the official record. These reports may also reveal whether the dog has been involved in other incidents.
- History of the Dog’s Behavior – Prior complaints, records of aggression, or citations against the owner can strengthen your claim, especially in negligence cases.
Keeping this evidence organized will make your case stronger and increase the chances of a fair settlement. But strong evidence alone isn’t enough; your claim must also be filed within Ohio’s strict legal deadlines.
How Long Do You Have to File a Dog Bite Claim in Ohio?
Under Ohio Revised Code § 2305.10, personal injury claims (including dog bite injuries) must generally be filed within two years from the date of the attack. If you do not file a lawsuit within that two-year window, the court will almost always bar your claim, and you’ll lose the chance to seek compensation.
How A Dog Bite Lawyer Can Protect Your Rights
Recovering from a dog bite is stressful enough without having to fight with insurance companies or navigate Ohio’s strict dog bite laws and deadlines on your own. Attorney Michael Wright has years of experience representing victims of dog attacks in Dayton and across Ohio. He understands how to gather the right evidence, hold negligent dog owners accountable, and pursue maximum compensation for your injuries.
Whether your case involves medical bills, lost income, or long-term recovery needs, Michael Wright will stand by your side every step of the way. He is committed to protecting your rights and making sure your voice is heard.
If you or a loved one has been bitten by a dog, don’t wait. Contact Attorney Michael Wright today for a free consultation and let him help you get the justice and compensation you deserve.
Frequently Asked Questions
Can you sue for a dog bite in Ohio?
Yes. Under Ohio’s strict liability law, victims of dog bites can sue the dog’s owner, keeper, or harborer for damages. You do not have to prove that the dog had bitten before or that the owner was negligent. As long as you were not trespassing, committing a crime, or provoking the dog, you may have a valid claim.
How much does a lawyer cost for a dog bite?
Most dog bite attorneys, including Michael Wright, work on a contingency fee basis. This means you do not pay anything up front. Instead, your lawyer only gets paid if they successfully recover compensation for you, usually as a percentage of your settlement or verdict.
Is it worth it to sue for a dog bite?
Yes, especially if your injuries required medical treatment, caused you to miss work, or left lasting scars or trauma. Even relatively minor dog bites can be expensive when you factor in emergency care, follow-up treatment, and lost wages. A claim can help you recover these costs and hold the dog’s owner accountable.
What is the average payout for a dog bite claim?
The amount depends on the severity of the injury, medical costs, lost income, and emotional impact. Nationally, dog bite settlements often range from tens of thousands of dollars to over $100,000 for serious cases. In Ohio, payouts vary widely depending on the circumstances, but an experienced attorney can help maximize your recovery.
