If you live in Ohio and own or keep a dog, it’s vital that you understand the legal implications of dog bites. In such cases, you are “strictly liable” for any damages or injury your animal causes. This post explains “strict liability” in Ohio and what this law means for you as a dog owner. Even if you’re the one who suffers a dog bite, it’s essential to understand how liability laws apply to you.
How the “Strict Liability” Law Works
In a “strict liability” state like Ohio, a plaintiff who brings a personal injury claim against a dog owner doesn’t have to prove the owner’s negligence in caring for their dog. Instead, they must show that the defendant is the owner and their dog caused the injury. Exceptions to the “strict liability” rule are if the dog bite victim taunted or teased the animal or if they were trespassing at the time of the attack.
If you’re an owner who’s found liable in such a case, you’ll typically be responsible for paying compensatory damages like medical expenses, lost wages, and pain and suffering.
Homeowner’s Insurance Coverage
One of the best ways to protect yourself is to check your renter’s or homeowner’s insurance. Many policies cover dog bite incidents, but there are usually exceptions:
- Coverage limits: Most policies limit the amount you’re covered if you’re found liable for a dog bite. This means that you might have to pay some damages out of pocket.
- Breed exclusions: Many insurance carriers don’t cover breeds like pit bull terriers or rottweilers because they deem them too dangerous to humans and other animals.
Landlord Liability
If you rent residential property, don’t count on your tenants’ renter’s insurance to cover damages. As a landlord, you might be liable if a dog attack occurs on your property, especially if you knew a tenant was keeping a dangerous dog and failed to act on your authority to remove the dog.
Public Health and Safety Implications
The consequences of a dog bite may extend beyond the injured party and you as a liable owner. If a dog bite becomes infected, it could threaten others’ safety, especially if a dangerous infection like rabies is an issue. In response, you could be required to quarantine the dog to ensure it doesn’t have rabies or euthanize the animal if it’s sick or poses a continued threat to the community.
Factors Reducing Owner Liability
If you own or care for a dog, mitigating your liability is wise. Perhaps the most straightforward tactic is properly maintaining the dog and keeping it healthy. Install strong fencing to prevent the dog from getting out. Also, incorporate training that includes basic commands and strategies to reduce aggressiveness.
Other factors potentially reduce your liability if a dog bite occurs:
- Provocation—If the victim teased, struck, or taunted the dog
- Trespassing—If the injured party was on your property without your permission
Advice from a Local Injury Compensation Attorney
When you decide to own or care for a dog, you take on the responsibilities of caring for a dependent creature. Understanding and mitigating liability are among those obligations. The legal consequences of a dog bite extend far beyond the initial injury and the resulting damages. Consulting a Cincinnati lawyer versed in dog bite issues can help you anticipate all the legal complications.
The local accident attorneys at Clements, Taylor, Butkovich & Cohen, LPA, Co., have extensive experience in dog bite cases. We can answer your questions about insurance, victims’ and owners’ rights, and other issues that affect or mitigate your potential liability. For advice, contact us at 513.721.6500 or use our online contact form.