Dogs are part of the family for many Ohio households. Most dogs are friendly and well-behaved, but bites and attacks still happen every year. When they do, Ohio law places significant responsibility on dog owners.
As a dog owner myself, I am often asked about what happens if your dog bites someone or if you are bitten yourself.
Ohio Uses a “Strict Liability” Rule
Ohio has one of the stronger dog bite laws for injured victims. Under Ohio Revised Code § 955.28, a dog owner, keeper, or harborer can be held legally responsible when a dog injures someone.
In many situations, the injured person does not have to prove the owner was careless or knew the dog was dangerous. This is called strict liability. That means if a dog bites or attacks someone, the owner may be responsible simply because the injury occurred.
What Must an Injured Person Prove?
Generally, a person bringing a dog bite claim must show:
- The defendant owned, kept, or harbored the dog
- The dog caused the injury
- The injured person was lawfully on the property or in a public place
Unlike some states, Ohio does not require proof that:
- The dog previously bit someone
- The owner knew the dog was dangerous
- The owner acted negligently
Defenses Available to Dog Owners
Ohio law does provide defenses in certain situations. An owner may avoid liability if the injured person was:
- Trespassing
- Committing a criminal offense
- Teasing, tormenting, or abusing the dog
These defenses are highly fact-specific and often become major issues in litigation. For example:
- A burglar bitten during a break-in may have difficulty recovering damages.
- A child teasing a dog may reduce or bar recovery depending on the circumstances.
What About “Dangerous Dogs”?
Ohio law separately addresses dogs classified as:
- Dangerous dogs
- Vicious dogs
- Nuisance dogs
A dog may be classified as:
- Injures a person without provocation, or
- Kills or injures another dog under certain circumstances
Owners of dangerous dogs can face additional requirements, including:
- Registration rules
- Confinement requirements
- Insurance requirements in some cases
Failure to comply can lead to criminal charges and increased civil liability.
Criminal Charges for Dog Owners
In serious cases, dog owners may face criminal penalties. Depending on the facts, charges can involve:
- Failure to control a dangerous dog
- Violations of leash or confinement laws
Local ordinances may also impose additional penalties.
What Damages Can a Victim Recover? A person injured by a dog may seek compensation for Medical Bills, lost wages, pain and suffering, and scarring and disfigurement.
Insurance Coverage Issues
Many homeowners and renters insurance policies cover dog bite claims. However some policies exclude certain breeds and dogs with bite histories. After a serious incident, insurance coverage often becomes a central issue.
Practical Advice for Dog Owners
Ohio dog owners can reduce risk by properly training the dog, using leashing and fencing, supervising interactions with unfamiliar individuals and taking warnings of aggressive behavior seriously. Responsible ownership protects both people and pets.
Final Thoughts
Ohio law places substantial responsibility on dog owners when injuries occur. In many cases, an injured person does not need to prove negligence or prior aggression to recover damages.
For dog owners, understanding these laws is important not only to avoid liability, but also to promote safe and responsible pet ownership.
For victims, knowing your rights can help you determine whether compensation may be available after a serious incident.
Dean DePiero DEPIERO LAW
(Attorney DePiero also serves as the Kelleys Island Mayors Court Magistrate and has been an “Islander” since 2002)
