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.
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.
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.
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.
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.
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.
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