Ohio Dog Bite Law: Strict Liability Under R.C. 955.28

Published March 22, 2011 · Injury Law Basics

Spring brings people and dogs back outside, and every year our office hears from parents whose child was bitten in the face by a neighbor's dog, a delivery driver attacked in a yard, or a jogger taken down on a Beavercreek bike path. The first thing many of them say is some version of "the owner says the dog never bit anyone before." In Ohio, that does not matter. This post explains why.

The rule: the owner is liable, period

Ohio's dog-bite statute, R.C. 955.28(B), makes the owner, keeper, or harborer of a dog "liable in damages for any injury, death, or loss to person or property that is caused by the dog." There is no requirement that the owner knew the dog was dangerous, no requirement that the dog had bitten before, and no requirement that the owner did anything careless.

Lawyers call this strict liability. The Supreme Court of Ohio, in Beckett v. Warren, 124 Ohio St.3d 256, 2010-Ohio-4, summarized the three things a bite victim must prove under the statute: that the defendant owned, kept, or harbored the dog; that the dog's actions were the proximate cause of the injury; and the amount of the damages. That is the whole case. The Court explained that the statute was written to hold owners accountable "without permitting 'one free bite.'"

Note the three categories of responsible people. An owner is the person who owns the dog. A keeper is someone who has physical control over the dog, such as a person watching a friend's dog for the weekend. A harborer is someone who has possession and control of the premises where the dog lives and allows the dog to stay there. The last category can bring in people who do not consider themselves the dog's owner at all, which sometimes means more than one insurance policy is available.

The defenses the statute allows

Strict liability is not absolute liability. R.C. 955.28(B) withholds recovery from a person who, at the time of the injury, was:

• committing or attempting to commit a trespass or another criminal offense on the owner's, keeper's, or harborer's property;
• committing or attempting to commit a criminal offense against any person; or
• teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property.

These exceptions come up in predictable ways. The owner claims the child who was bitten was "teasing" the dog. The owner claims the meter reader or the neighbor who walked up the driveway was "trespassing." Whether these defenses hold depends on the facts: a child who reaches out to pet a dog is not tormenting it, and a person who comes to the front door for a lawful purpose is generally not a trespasser. Witnesses and the circumstances of the bite matter, so they should be documented right away.

Why the negligence claim still matters

If the statute makes the case so simple, why would anyone also bring a common-law negligence claim? Because of punitive damages. Under the statute alone, punitive damages (damages meant to punish, above and beyond compensation) are not available. Under the common law, a victim who can prove the owner knew the dog was vicious and kept it negligently anyway can ask for them.

Before 2010, some Ohio courts forced bite victims to choose one theory or the other. The Supreme Court ended that in Beckett, holding that a plaintiff may pursue both claims in the same lawsuit. We wrote about that decision when it came down; you can read our summary of Beckett v. Warren. The practical effect is that the easy-to-prove statutory claim guarantees compensation, and the negligence claim adds the possibility of punishment when a dog with a known history was allowed to hurt someone.

Where the money comes from

Most dog-bite victims are bitten by a dog belonging to a neighbor, a relative, or a friend, and many hesitate to make a claim because they do not want to "sue" someone they know. In the typical case, the claim is paid by the owner's homeowner's or renter's insurance policy, which usually includes personal liability coverage for exactly this kind of injury. The claim is presented to the insurance company, and in many cases it is resolved without a lawsuit being filed at all.

When the dog's owner is a tenant, the harborer rule may also reach a landlord who knowingly allowed the dog on the property, which can bring in a second policy. Identifying every potentially responsible person and every policy is one of the first things we do.

What dog bites are worth

Dog-bite injuries are frequently serious and frequently permanent. Bites to a child's face often require plastic surgery and leave visible scarring. Deep puncture wounds carry infection risk and can damage tendons and nerves. Many victims, especially children, develop a lasting fear of dogs that affects daily life.

Ohio law allows recovery for medical bills (including future reconstructive surgery), lost wages, pain and suffering, scarring and disfigurement, and emotional harm. Because scarring in children changes as they grow, these cases should not be settled quickly; the full extent of the injury is often not known for a year or more. Like most Ohio injury claims, a dog-bite claim must be filed within two years of the injury, and when the victim is a minor, special rules affect both the deadline and how any settlement is approved.

What this means for you

• You do not have to prove the dog was dangerous or that the owner was careless. Ownership, causation, and damages are enough.
• Photograph the wounds immediately and again as they heal. Get the dog's and the owner's information, and report the bite to the county health department or animal control so a record exists.
• Get medical care right away and follow through on wound care; infections and scarring are the long-term problems.
• Do not accept the owner's or the insurer's first offer, especially for a child's facial injury.
• Talk to a lawyer before giving any statement. The "teasing" and "trespass" defenses are built out of the victim's own words.