protecting the rights of those injured by an dog and animal Attacks

The owner or keeper of an animal has certain legal duties to protect others from harm caused by the animal. Certain special rules apply to dogs, both because of their prevalence and the potential for harm.

The rules in each state are different. In Ohio, a claim can be made using any one of three legal grounds for recovery. Section 955.28 of Ohio Revised Code makes the owner or keeper of a dog liable in damages to any person injured, or property damaged, by the dog. It does not matter whether the injury happened on the owner’s property, the victim’s property, the street or elsewhere. However, the victim may not use this law as a basis for liability if the victim was trespassing, committing a crime or tormenting the dog.

A second basis for recovery is under the common law. The advantage to this recovery approach is that, even if the victim was a trespasser or was teasing the dog, he can recover damages. However, if you use this basis you must be able to prove that the owner knew the dog had a propensity to bite.

The third and final basis for recovery is utilized when the owner or keeper uses the dog as a weapon to assault the victim.

There are special laws for a breed of dog called a “pit bull.” Pit Bulldogs are required to be kept in a secure locked pen. When out of the pen they must be muzzled or restrained by a chain no longer than 6ft. Pit Bull owners are required to carry a minimum of $100,000.00 in liability insurance.

Dog attacks often inflict serious injury and permanent scarring. Many serious injuries inflicted during dog attacks go uncompensated because the victim doesn’t realize that the damages are covered by the owner or keeper’s homeowner’s or renter’s insurance policy.  

If you have been attacked by a dog or other animal, contact the experienced injury attorneys at Plymale and Dingus today.