Dogs are not always friendly; when dogs feel threatened, they may attack. When a dog bites a person, Ohio law addresses that person’s rights to compensation, and holds the owner of a dog strictly liable for damages caused by said dog. However, dog bite victims can also pursue a case under common law in Ohio.. If a dog has bitten you in Ohio, our Perrysburg dog bite attorney can help you to understand what to do next.
According to Ohio Laws and Rules section 955.28, the owner or harborer of a dog is liable for “damages for any injury, death, or loss to person or property” that results from the dog biting or attacking another. The only exception to this law, as the code continues to read, is in the event that the person bitten by the dog was, at the time of attack, committing an act of criminal trespass, or/and if the person was tormenting or teasing the dog, leading to attack.
Under Ohio law, then, a person can hold the owner of a dog strictly liable for any injuries, and recover compensation for losses associated with a dog bite. Types of damages that may be available include compensation for:
Under Ohio law, one does not need to prove the negligence of the owner of a dog in order to hold that owner liable for compensation after the dogs bites. However, a person may also choose to pursue a lawsuit under common law (case law) rather than statutory law in order to recover punitive damages, which are damages intended to punish the wrongdoer for their actions. If you can prove that the dog owner acted with malice, then you may be able to recover punitive damages. Under statutory law, you cannot recover punitive damages.
Understanding the difference between common law and statutory law, and knowing under which law to pursue a claim, can be complicated. When you work with an experienced Perrysburg dog bite attorney, your attorney will help you to understand which avenue is best to pursue compensation, and what damages may be recoverable. If you have suffered severe losses and pursuing a claim under common law is within your best interests, a dog bite attorney can help you to prove the negligence of the owner of the dog that bit you.
At the law offices of Lafferty, Gallagher & Scott, LLC, we know how traumatic being bitten by a dog can be. If you are bitten in Perrysburg or surrounding areas, we want to represent you during the claim process. To schedule a free consultation with our talented Perrysburg dog bite attorneys, call us directly or fill out our online form today.
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