Dog Bites
Who is Liable?
In Ohio, the violation of an animal control law could result in a liability case on the part of the violator, whether or not he or she owns the dog. An example could be a landlord or hotel owner.
Ohio permits a dog bite victim to recover compensation on the grounds of negligence. Negligence is the lack of ordinary care; that is, the absence of the kind of care a reasonably prudent and careful person would exercise in similar circumstances.
Who is Negligent?
The answer to this is not as simple as one might think. The negligent party could be the owner, the keeper or the harborer.
As the owner is the person to whom the dog belongs. A keeper is a person who has physical charge or care of the dog. A harborer is someone who has possession and control of the premises where the dog lives, and silently acquiesces to the dog's presence.
Each case as you can image is unique. Ohio has laws that will help determine who is liable.
Ohio is a Strict Liability State
Strict liability is an important concept to understand if you have been the victim of a dog attack. It means that you don’t have to prove the dog owner did something wrong. All you have to do is prove that the dog bit you with a few exceptions.
Ohio Has Time Limits
If you are filing under the strict liability statute, a child bitten by a dog has six years from the date of his or her 18th birthday to file a lawsuit against the dog’s owner. An adult has six years from the date of the dog bite or dog injury to file his or her claim. With negligence claims, the injured person has two years from the date of the dog attack to file a claim.
The law firm of the Eshelman Legal Group understands the love of animals and pets. We understand some pets can be an integral part of a family. Therapy dogs play an important role for thousands of people in nursing homes, hospitals etc. We are not against animals, pets or dogs in any way. We just want you to understand your rights as a victim. Not all pet owners are responsible and you have legal rights in Ohio.
Some Statistics The Centers for Disease Control and Prevention (CDC)
- 4.5 million dog bites per year in the US
- 800,000 dog bites need medical attention
- The average cost of a dog bite related hospital stay = $18,200. This amount is approximately 50% higher than the average injury-related hospital stay
- The average length of stay at a hospital for a dog bite injury was 3.3 days
- One half of dog bite victims are children
Note: The dog bite statute also does not apply if the victim was an owner, keeper or harborer of the dog.
If you have been bitten and are the victim of a serious dog bite, call our office to see if you have a legal case. Call toll free 1-800-365-0001. "We'll Make Things Right".
The Eshelman Legal Group
Our practice is limited to the representation of people, not insurance companies. Our years of experience make us a serious force, widely respected by insurance companies. The result is the ability to obtain top dollar settlements for our clients. We can help if you or someone you love is hurt due to:
- Dog Bites
- Car, Motorcycle or Truck Accidents
- Slip & Fall Injury
- Medical Malpractice
- Nursing Home Abuse
- Work Place Injury
- Hazardous Products
Getting the Proper Help
Before you talk to any insurance adjuster, CALL "The Eshelman Legal Group"...Without legal representation, you could settle your claim to cheaply or make statements to the adjuster that could greatly hinder your case.
Call Toll Free: 800-365-0001
Helping Injured People for Over 40 Years
"We'll Make Things Right"
Our Mission
At the Eshelman Legal Group, our mission is to help injured people. That is our sole purpose. We go the extra mile and do whatever is necessary to accomplish that mission for our clients. We give moral support and help guide clients through this difficult time in their life.
We understand that not every injury is devastating, but we do know that your injury is very important to you. It may be oversimplify it, but when I say our mission is to help injured people, that is exactly our mission.
Ask yourself this question… Who does the adjuster work for? The adjuster works for the insurance company, they do not work for you.