Dog Bites Lawyer in Mentor, OH
REPRESENTING CLIENTS HURT BY A DANGEROUS DOG
According to the United States Postal Service (USPS), Cleveland ranks among the top cities with the highest number of dog attacks involving postal service workers. The USPS reports that as many as 43 workers were attacked by dogs in the Cleveland area in 2023, and 311 workers were hurt in dog attack incidents across the state.
Ohio is one of many states where dog bite laws are favorable to victims, with many dog bite cases resulting in significant compensation for claimants. The dog bite attorney Frank Piscitelli at the Piscitelli Law Firm go over Ohio’s dog bite rules and explain why hiring an attorney may be the best choice for your case. If you were hurt by a vicious dog in Manor, OH, or surrounding areas, contact the Piscitelli Law Firm.
IS OHIO A STRICT LIABILITY STATE FOR DOG BITES?
When it comes to holding dog owners liable for damages their dog may cause, many states follow a common law informally referred to as a one-bite rule. In these states, if a person’s dog bites someone for the first time, the victim may not be able to file a claim against the dog’s owner unless they are able to prove that the dog’s owner knew or should have known that their dog was dangerous and that the dog has bitten someone before.
In other states, dog owners are held strictly liable for dog bite injuries and damages caused by their canine companions. Ohio is a strict liability state. In other words, a dog owner can be held financially responsible if their dog attacks and bites another individual, regardless of whether the dog has no prior history of aggression or dangerous behavior. This means that injured parties do not need to prove the dog owner was negligent and that the owner had prior knowledge that the dog was dangerous – they simply need to prove that they were lawfully present on the premises and that the dog attacked them without being provoked.
ARE DOG BITE VICTIMS ELIGIBLE TO RECOVER COMPENSATION?
A dog bite is a type of personal injury that falls under the category of premises liability claims. Because of this, dog bite victims may be eligible to seek payment for their injuries and losses resulting from the dog attack. There are two different paths for victims to obtain compensation – filing a claim against the dog owner’s homeowner insurance or filing a personal injury lawsuit in court. Many homeowner’s insurance policies provide liability coverage for dog bites, making it a logical first choice for injured victims to obtain compensation without going to court.
If the victim files a claim against the dog owner’s homeowner insurance, then they may be able to receive monetary compensation for economic damages such as medical bills, lost wages, and damaged property, as well as for non-economic damages such as pain, suffering, trauma, and emotional distress resulting from the attack, injury and recovery process. If the claim is unsuccessful or if the dog owner has no insurance, then the victim may choose to file a lawsuit against the dog owner. It is always a good idea to speak to an Ohio dog bite lawyer to determine what would be the best course of action for your case.
WHAT ARE THE EXCEPTIONS TO OHIO’S STRICT LIABILITY RULES FOR DOG BITES?
Ohio’s dog bite laws have a few exceptions that may impact a victim’s ability to recover compensation. State laws require victims to prove that they were not provoking, taunting, or abusing the dog (or attempting to engage in any of these actions) when the bite occurred. This exception may not be applicable to toddlers and young children, but in most cases, the owner of a dog may argue that they are not liable for any damages if they can prove the dog was simply reacting to the victim’s provocation or trying to defend itself from abuse.
The second exception is for those who are trespassing when a dog bite occurs. A victim of a dog bite may only have a valid claim if they can show that they were lawfully present on the property, meaning they had direct authorization from the owner or were present to conduct an authorized task, such as delivering mail or taking meter readings, for example. If a person entered someone else’s property without the owner’s consent or knowledge, that person may be considered a trespasser. In this case, the owner may not be liable for any damages. It is recommended that you seek the advice of a skilled dog bite attorney to see if you have a valid claim.
HOW LONG DOES A DOG BITE VICTIM HAVE TO TAKE LEGAL ACTION?
Because a dog bite is a type of civil liability claim, it is subject to Ohio’s statute of limitations.
A statute of limitations sets a legal deadline for injured victims to initiate a claim. These deadlines vary from state to state.
In Ohio, the statute of limitations for filing a dog bite claim is six years. This means that a dog bite victim has six years from the date of the injury to file a claim against the dog owner for any damages caused. The clock starts ticking on the date when the person is attacked. After the six-year period has expired, the victim can no longer file a claim against the dog owner – their claim may be immediately dismissed because the statute of limitations has expired on their case.
This is one of the reasons why you may want to reach out to a skilled dog bite attorney as soon as possible. The Piscitelli Law Firm has helped countless dog bite victims in Mentor, OH, and surrounding areas to hold negligent owners accountable for the injuries their dogs have caused. Contact us to discuss your case.
