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Dog Bites

Toledo Dog Bite Attorneys

While most people who suffer injuries in Defiance must prove the negligence of the at-fault party in order to recover compensation for their losses, this is not the case with dog bite victims. In fact, Ohio law holds that the owners or harborers of dogs are strictly liable for the damages their dogs cause. As such, if a dog in Ohio has bitten you, you have the right to recover compensation for all of your injuries.

What Compensation Can I Recover After a Dog Bite in Ohio?

Ohio Code Section 255.28(B) holds that following a dog bite or attack, the victim of the attack can recover all damages for injury, death, or loss to person or property. This means that you have the right to seek compensation for your medical expenses, any lost wages, future medical costs, scarring and disfigurement, and even pain and suffering.

Are There Any Exceptions to the Dog Bite Statute?

There are two exceptions to the dog bite statute that prevent a dog bite victim from recovering compensation for their injuries. First, if the person who was bitten by the dog was committing or attempting to commit criminal trespass at the time of the attack, they are barred from holding the dog owner liable. The victim of a dog bite is also barred from holding a dog owner liable for damages in the event that the victim was harassing or tormenting the dog at the time of the attack.

What If the Dog Owner Was Negligent?

Ohio code, as stated above, does not require that a dog bite victim prove the negligence of the dog owner in order to be compensated for their losses. However, if you believe that the dog owner acted with malice, and you can prove this, then you can file a common law (also known as case law) claim in order to recover compensation for punitive damages. Punitive damages are designed to punish the defendant for their wrongdoing and can help to bring attention to a negligent dog owner.

How Long Do I Have to File a Claim?

In Ohio, the statute of limitations for filing a claim for injury is two years from the date of the accident’s occurrence. This means that the two-year clock starts ticking the moment that you are bitten. If you wait longer than two years to take action, you will be barred from recovering compensation at all.

The Benefits of Working with an Experienced Dog Bite Attorney

When you are bitten by a dog and are recovering from your injuries, including psychological injuries, it can be comforting to know that you have an advocate on your side who is interested in protecting your right to compensation. At the law offices of Lafferty, Gallagher & Scott, LLC, our aggressive Defiance dog bite attorneys will not back down – we will work hard to recover your full compensation amount. To schedule a free consultation with our team today, fill out our online form or contact us by phone.

FAQs About Ohio Dog Bites

How Do I Know if I Need Medical Care After a Dog Bite?

You should seek medical attention after any dog bite that breaks the skin, regardless of how minor it seems. Puncture wounds from dog bites can introduce harmful bacteria deep into the tissue, potentially causing serious infections if not properly treated. It is always better to have a medical professional evaluate the injury to determine the best course of action.

What Should I Do if the Dog Owner Claims I Provoked the Dog?

If the owner insists you provoked the dog, don’t argue; focus on protecting your version of events. Ohio generally holds dog owners strictly liable for bites, but provocation is a defense they may try to use. Make a clear record of what happened, note anyone who saw the incident, and take photos if possible. Then consult an attorney who can address the accusation and safeguard your right to compensation.

Can I Still File a Claim if the Dog Did Not Break My Skin?

Yes, you may still have a valid claim even if the dog bite did not break the skin. An attack can cause other injuries, such as bruising, a concussion, or emotional distress from the traumatic event.

What if the Dog Belonged to Someone I Do Not Want to Sue?

You can still pursue a claim without directly suing a friend, family member, or neighbor. Most dog bite claims are filed against the owner’s homeowner’s or renter’s insurance policy, not against the individual’s personal assets. This allows you to get compensation for your injuries without creating personal financial hardship for the dog owner.

Will Filing a Dog Bite Claim Get the Dog Taken Away or Euthanized?

Filing a personal injury claim will not automatically result in the dog being taken away or euthanized. Your civil claim is separate from any action the local animal control authorities might take. The goal of your claim is to recover damages for injuries, including medical expenses and pain and suffering.

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All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.

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