Dog Bites/Animal Attacks
Dog Bites/Animal Attacks
The two most important things that dog bite victims need to do after they are attacked is: 1) seek medical attention, and 2) record information about the dog and its owner. If your injuries are serious, you should immediately seek medical attention. Wounds can quickly become infected and any cuts that may require plastic surgery, particularly those to the face, will need to be addressed in an emergency room as quickly as possible.
Once any injuries have been addressed, a victim needs to move quickly to identify both the attacking dog and its owner. It is important to take photos of the victim’s wounds and of the scene where the attack occurred. If police were not called at the time of the attack, they should be as soon as possible so that a report can be made. Local police can then tell the victim how to contact animal control officers who should investigate to make sure the dog is up to date on its vaccinations.
Recently, a member of our staff here at Holzfaster, Cecil, McKnight & Mues went home to let her dog out during the lunch hour. A van pulled up across the street and as the occupants opened the doors to exit the vehicle, a pit-bull mix bounded out of the van and viciously attacked our staff member’s older Golden Retriever. The Golden Retriever received serious injuries and had to be rushed to the nearest vet.
Later, the staff member returned to the scene of the attack and took pictures and talked to possible witnesses to try and discover the identity of the dog and its owner. She also called the police to file a report. Between the police, neighbors who had seen the dog in the past, and local animal control officers, the dog and its owner were able to be identified. It was later discovered that the same dog had previously attacked other dogs and people in the neighborhood!
Because our staff member took the proper steps in helping to identify the dog and then document the damages she incurred, she was able to easily prevail and receive a judgment against the attacking dog’s owner.
Most dog owners make the effort to be responsible pet owners and prevent injuries to the public. However, dog owners who fail to properly train and control their dogs should be held accountable for the injuries their dogs inflict. Since dog bites are largely a preventable public health problem, Ohio law makes the owners and keepers of dogs strictly liable for any injuries and bites that are caused by their dogs.
The following Questions and Answers should help answer your questions involving dog bites in Ohio. If you still have questions, please call Holzfaster, Cecil, McKnight & Mues at (937) 293-2141 or our Emergency Number at (937) 760-4357.
Questions & Answers:
Should I take photographs of my injuries?
Yes. Photographs are crucial tools in proving injuries of any kind in today’s world. So always take pictures whether you think you want to pursue a claim or not. If you change your mind later and wish to pursue a claim, it is much better to have photographic documentation available that was taken soon after an injury was received.
Should I report the attack?
Yes. Call your local police and/or animal control officer as soon as possible. They can help identify both the dog and its owners, which you will need to do to establish liability.
Who is responsible for my medical bills?
In Ohio, our laws say that a dog’s owner is responsible for any damages, medical or otherwise, that is caused by his or her dog. The victim doesn’t need to prove that the dog has previously bitten someone else unlike other states. Likewise, the victim doesn’t even have to prove that the owner was careless.
So long as the victim was not taunting the dog or was not unlawfully on the dog owner’s premises or trespassing, then the owner is liable for all damages caused by their dog.
My damages aren’t medical. For example, in the past, I have seen the neighbor’s dog dig up my rose bushes; it came into my yard and killed my cat; and recently it chewed up items in my yard. Can I recover for any of those items?
A dog does not have to bite or attack a person for the owner to be liable. The owner would still be liable for all the items you described. Additionally, if a dog gets loose and runs into the street making a motorist swerve and lose control of his vehicle, then the dog’s owner is liable for injuries and property damage that results from losing control of his dog.
The key to recovering money from an insurance company for any medical or non-medical damages that a dog has caused is being able to prove those damages. We prove damages with documentation such as medical records, photographs, witness statements, etc.
My neighbor was pet-sitting and lost control of the dog he was watching while out on a walk. It then attacked my dog and I had to take my dog to the vet. Who is responsible for those bills?
In Ohio, the keeper of a dog, even though he/she is not the owner of the animal, can also be held responsible for any damages a dog causes. A keeper is someone who is caring for or who has control of the dog at the time of any incident. Along those lines, Ohio also holds a harborer responsible for any damages a dog causes. A harborer is a person who allows the dog to remain on his or her property. A landlord would qualify as a harborer if a tenant’s dog attacked someone on common property maintained for the use of all tenants. This would especially be true if the landlord knew of any vicious tendencies or previous attacks made by the tenant’s dog.
What if the dog that bit me had no history of viciousness?
In some states, dogs are allowed to bite a human being one time before the dog’s owner is put on notice that his or her dog is vicious. That is not the case in Ohio. It makes no difference whether a dog has no former vicious incidents at the time it bites you. If you were the first person ever bitten by the dog, you can still recover damages from the dog’s owner.
Does it matter whose property I was on when I was attacked?
No. As long as you were on public property (i.e.sidewalk, street) or were legally on private property (not trespassing and/or had permission to be there), the dog’s owner will be held responsible for the injuries and damages his or her dog creates.
What if I feel bad about suing the dog’s owners? They don’t have a lot of money.
Most homeowner’s insurance policies or renter’s policies protect against any loss from an injury that the policyholder’s dog might inflict. Although the individual who owns the dog might be named in a suit, it is most often their insurance company that will be paying for the injuries or damages caused by a policyholder’s pet.
Does it matter if the owner of the dog that attacked me is a relative or friend?
No. That makes no difference at all.
I was petting the dog before I was attacked. Does that prevent me from making a claim?
Not usually. As long as you did not provoke the dog or were not warned to stay away from the dog, you should still be able to recover your damages.
How much are my injuries and damages worth?
The facts of every case are different. As with any personal injury case, there are several factors that go into establishing the value of any claim including, pain and suffering, lost wages, and permanent scarring. Because of that, you should contact us as soon after a dog attack as possible to make sure that your claim is handled properly from the beginning.
Someone from the dog owner’s insurance company called me. Should I talk to them?
You should probably not make a statement to any insurance representative prior to contacting an attorney first. You do not want to inadvertently make some innocent comment that can be twisted or misconstrued by the insurance company’s rep. Also, you will not want to sign any checks or documents, make any official statements, or sign any medical authorizations without first speaking with an attorney.
What is Ohio’s law concerning a dog owner’s liability?
The actual section of Ohio’s Revised Code that deals with a dog owner’s liability for the things that his/her dog or other animal does, is O.R.C. § 955.28. You can click here to read it.
What should I do if I was bitten by a dog?
You should seek immediate medical attention if the skin is broken after the bite. Once the dog is identified, it can be tested for rabies and your medical care providers will know what kind of treatment you require. Identify the dog and its owner if at all possible. Do this by locating witnesses or by canvassing the area where the attack occurred. Police or animal control officers can help in this process. Remember, you must identify the owner, keeper, or harborer of the dog if you wish to have someone other than yourself be held responsible for your injuries or damages.
Call the police. They can help identify the dog and its owner, interview witnesses, notify local animal control officers, if needed, and ultimately help protect the public by getting that animal off the streets. Take pictures of all bruises, scratches, and bite marks, as well as of the scene of the attack. If possible, get the name and insurance information from the dog’s owner at the time of the attack. If the dog’s owner is reluctant to disclose that information, stress the fact that you have received injuries and will incur medical expenses or other damages.
To speak with an attorney at Holzfaster, Cecil, McKnight & Mues, please call our office at (937) 293-2141 to schedule an appointment at our office, your home, hospital, or other convenient location. We are available 24/7 and have an emergency phone number of (937) 760-4357, which is answered by one of our experienced attorneys around-the-clock! Or, if you would prefer, use our form below to contact us online. We are looking forward to talking with you so that we can help you get back on the right track and collect the compensation that you are due. Let us assist in taking care of this most important matter for you!
