Being bitten or attacked by a dog can be a traumatic experience for the victim and can cause long-term complications, scarring or disabilities – these are damages for which a victim may wish to seek restitution. While no level of compensation can change what happened, the fact that Ohio is a strict liability state can help a dog bite victim recover damages for medical expenses and lost wages.
If a dog in Gahanna bit you, Bressman Law can help you pursue a personal injury suit to recover damages.
Ohio Dog Bite Statute
Ohio is a strict liability state, meaning that the dog’s owner will be held responsible for any injuries a dog causes, assuming that the following criteria are met, according to Ohio Revised Code section 955.28 (B).
- The dog caused the injury
- The injured person was not committing a crime at the time of injury
- The injured person was not trespassing
- The injured person did not provoke the dog
As such, if your dog bite injury was unprovoked and if you were not trespassing or otherwise breaking the law, then the owner of the dog that bit you will be liable for your injuries. But dog bite victims also may pursue a claim under common law.
Understanding Common Law and Statute Law in Ohio
Statute law is a straightforward concept that refers to the actual statute in Ohio’s code regarding dog bite laws. According to Ohio statute, dog owners are almost always responsible for any harm their dogs cause to another person, regardless of whether or not the owners acted negligently. You do not have to prove the negligence of the dog owner according to Ohio code; rather, the simple fact that a dog attacked or bit you is enough to form a case on the basis of strict liability.
You also may pursue compensation on the grounds of negligence under common law. As such, if you want to file a civil suit against the owner of a dog whose dog bit you based on common law, you’ll have to prove that the owner should have known that the dog was potentially dangerous and did not take the proper actions to prevent the dog from biting you.
Understanding under which law you should pursue your case can be complicated. Common law will allow you to recover punitive damages, or damages awarded when a victim can prove that the dog owner acted with gross negligence or malice. Under statutory law, you cannot recover punitive damages. However, if the dog has no history of biting another person, then chances of winning a statutory law case are greater.
Take Legal Action Today – Call Bressman Law for Help in Gahanna
In Ohio, the statute of limitations for pursuing a personal injury case against the owner of a dog that has bitten you is two years from the time of injury, according to Ohio Revised Code section 2305.10. As such, if you’ve been bitten, time is quickly running out to recover damages.
At Bressman Law, we can help you understand your rights as a dog bite victim and can provide guidance concerning the best course of action in pursing your case – common law or statutory law. Furthermore, we can guide you through the process of filing your claim and will act as your advocate throughout the entire course of the case. To set up a consultation to speak with attorney David Bressman, call us now at 1-877-538-1116.