Dog attacks are unexpected, but tragically often result in victims facing long-lasting consequences. One reason these attacks are often a surprise is that dogs are a common pet and most people who live in Oxford encounter dogs on a weekly if not daily basis. While there are several helpful strategies to reduce the risk of being attacked by a dog, it also helps to understand some of the basics about how dog bites occur and the associated body of law.
Ohio law addressing the liability of dog owners is located in ORC §955.28. This regulation states that a dog’s owner or keeper is liable for any injury or fatality caused by the dog. Under strict liability, a dog’s owner or controller can be held liable for an attack even if the person did nothing wrong. This principle is also referred to as strict liability. A dog attack victim, however, cannot obtain compensation under strict liability if they were partially responsible for an attack.
Victims who played a role in causing a dog to attack, however, can still pursue compensation under negligence laws. This means that if a dog attack victim was criminally trespassing or committing another criminal offense, they will be barred from pursuing compensation. In a negligence claim, a victim must establish that the other party is responsible for the attack and the resulting injuries. To establish the other party’s fault, it must be shown that the dog’s owner or controller failed to behave reasonably or did not do what was required by law.
If you or a loved one is attacked by a dog, it is understandable to want to hold the dog’s owner responsible for the dog’s aggressive behavior. Other parties might also have been in charge or control of the animal at the time of the attack, such as a dog walker or dog daycare operator.
Accident victims are often able to obtain compensation from these parties for various damages caused by the attack including medical bills, lost wages, physical pain and suffering, emotional distress, and reduced earning capacity caused by injuries.
Dogs carry many types of bacteria in their mouth, which means that there is a substantial risk of bacterial or viral infection following an attack. Some of the other injuries that commonly result from dog attacks include
Following a dog attack, it often becomes critical to determine whether the owner or operator of the dog was insured. If a business like a dog daycare or dog walking company was in charge of the dog at the time of the attack, the business might be insured and the company’s insurance policy might cover your injuries.
If the attack occurred at someone’s residence, this person’s renter’s or homeowner’s insurance policy might cover your injuries up to a certain amount. Some insurance companies, however, refuse to cover certain breeds of dogs, which could result in your claim being denied.
If you or a loved one is attacked by a dog in Ohio, there are some helpful steps that you should remember to follow, which include:
After you or a loved one is attacked by a dog, one of the best steps that you can take is to retain the assistance of an experienced injury attorney. Contact Kruger & Hodges today to schedule a free case evaluation with a dog bite lawyer in Oxford, Ohio.