Dog Bites
Dog attacks represent some of the most gruesome personal injuries that are
suffered, particularly where a child is involved (as is often the case). During
1997 and 1998, at least 27 people died as the result of dog bite attacks (18
people in 1997 and 9 in 1998; See Dog Bite
Data). Of 27 human dog bite related fatalities (DBRF), 19 (70%) were
children (1 was 30 days old, 3 were between 7 and 11 months old, 9 were between
1 and 4 years old, and 6 were between 5 and 11 years old), and 8 were adults (ages
17, 44, 64, 70, 73, 75, 75, and 87). It is important to teach children to be
safe around dogs to prevent these
catastrophic events from occurring.
Ohio has a strict liability dog bite statute that states that the owner of a dog
is liable for damages inflicted by his/her dog if it bites a person who is
either in a public place or lawfully on the dog owner's property (invitee or
guest). O.R.C.
Ann. § 955.28. The dog owner is liable regardless of whether the dog had
ever been vicious before and regardless of whether the owner had reason to
believe it would behave in a vicious manner. The dog does not get "one free
bite". The only defenses to the strict liability statute arise where the
injured party provoked the dog (
O.R.C. Ann. § 955.28). In essence, the dog's owner is an insurer of the
dog.
In addition, the old common law approach is also available for injured
plaintiffs. Under the traditional approach, if the owner knows or has reason to
know of the dog's violent propensities, the owner of the dog is liable for
damages caused by the dog. See Warner v. Wolfe, 176 Ohio St.389, 199 N.E.2d
860 (1964). Due to the enactment of the strict liability statute, this type of
theory is not normally employed.
If a stray bites you, you have little legal recourse because you must file your
claim against a dog's owner or keeper. Your municipality is not responsible for
the dog, even if you have called the animal warden several times to pick up the
stray.
In all dog bite cases it is essential that measures be taken promptly to
preserve evidence, investigate the incident in question, and to enable
physicians or other expert witnesses to thoroughly evaluate any injuries. If you
or a loved one is a victim of a dog bite, call The Law Offices of Ronald S. Weiss
now at 1-(888)-737-8001 or CLICK
HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of
charge, and if we agree to accept your case, we will work on a contingent fee
basis, which means we get paid for our services only if there is a monetary
award or recovery of funds. Don’t delay! You may have a valid claim and be
entitled to compensation for your injuries, but a lawsuit must be filed before
the statute of limitations expires.
<< back
|
