Dog Bite Lawyer Near Me
Dog bites are a frightening and potentially damaging occurrence. If you’ve been bitten by a dog, you may suffer mild or even serious injuries, incur expensive medical bills and lose essential income due to missed work during your recovery period.
If you’ve sustained serious or debilitating injuries or accumulated medical bills or lost wages after a dog bite, you may file a lawsuit against the responsible party to recover your losses. In Ohio, there are some legal considerations that come into play when a lawsuit is initiated for a dog bite accident. It’s advised to contact a dog bite attorney for help.
Strict Liability vs. Negligence in Dog Bite Cases
When filing a lawsuit against a dog owner after a bite, you are able to file a strict liability or negligence case. Strict liability refers to the Ohio dog bite statute or Ohio Revised Code Section 955.28(B) which establishes criteria for liability in a dog bite incident. Basically, one of the following scenarios must be evident for strict liability to be assigned to the dog owner.
- The bitten party did not tease, abuse or torment the dog in any way prior to the bite.
- The bitten party was not trespassing or committing a crime at the time of the bite.
- The dog’s actions caused the bite and resulting injury.
A dog bite lawsuit can be filed asserting negligence on the part of the dog owner. In negligence cases, it must be proved that the owner’s actions or failure to act caused the incident and injuries. The owner must have failed to show reasonable care by not controlling the dog or preventing the bite from happening.
Statute of Limitations for Dog Bite Cases in Dublin
Ohio law establishes the time frame within which a suit can be filed against another party in the case of a dog bite. An injured party has two years from the date of the bite to file suit. If a dog injures you, consult an attorney familiar with personal injury and dog bite cases to prepare your case well in advance of the two-year statute of limitations to ensure that you do not miss any important filing deadlines.
Preparing for Possible Defenses for Dog Bite Cases
After filing suit for a dog bite injury, you may encounter defenses from the dog owner. Typical defenses include the following.
- In cases of strict liability, it is common for the owner to claim that the bitten party was teasing or tormenting the dog, which could cause the courts to find the owner not responsible for the incident.
- The owner could claim that you were trespassing or attempting to commit a crime at the time of injury.
- In negligence cases, a standard defense involves the owner claiming to have no prior knowledge of the dog’s aggressive behavior and no reason to believe the dog would bite anyone.
Discuss these defenses with a dog bite lawyer. You must provide evidence that the dog owner is, in fact, liable. This evidence might include surveillance video and eyewitness statements. Records of previous dog bites may be relevant to prove the owner knew the dog was prone to biting. Your attorney can review which documentation is necessary for your case.
Call a Dog Bite Attorney in Dublin
If you’ve been bitten by a dog and experience pain and suffering or financial burden as a result, contact David Bressman for help. Bressman Law can help you manage your dog bite case and help you understand the law as it applies to your case. Call 877-538-1116 or use our online contact form to schedule a consultation.