Cincinnati Dog Bite Cases: Liability and Damages

Ohio Laws on Dog Bites

Dogs can be wonderful companions, offering stress relief and enjoyment to many. However, they can also inflict significant injuries on people, property, and other animals. Understanding Ohio's dog-related laws is crucial in Cincinnati dog bite cases.

Common Law Liability

Proving a Dog's Viciousness

Under common law, a plaintiff seeking damages for injuries caused by a dog must demonstrate several key elements. These include proving that the defendant owned or harbored the dog and that the dog was vicious.

The plaintiff must also show that the defendant was aware of the dog's viciousness and was negligent in keeping the animal. Many common law cases often focus on whether the defendant "owned or harbored" the dog and if the dog was indeed "vicious."

Statutory or Strict Liability

Ohio Revised Code 955.28(B)

Ohio Revised Code (O.R.C.) 955.28(B) outlines strict liability for dog owners, keepers, or harborers. This statute makes them liable for any injury, death, or loss caused by their dog.

The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit criminal trespass or another criminal offense other than a minor misdemeanor on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting, or abusing the dog on the owner’s, keeper’s, or harborer’s property.

This strict liability applies unless the injured party was committing certain crimes or was teasing, tormenting, or abusing the dog on the owner's property.

Seeking Damages and Punitive Damages

Individuals injured by a dog can sue the owner, keeper, or harborer for damages. They can pursue both common law and statutory causes of action. If common law applies, the injured party may be eligible for punitive damages.

It is also worth noting that some homeowner's insurance policies may cover harm caused by dogs.

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McKenzie & Snyder LLP represents injured workers and accident victims statewide — all 88 Ohio counties. Our Hamilton office is the base we work from, and rural families and small-town Ohioans are who we serve.

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Written by Andrew Tobergte