Hipshire v. Oakwood Village

Citations

• 2024 Ohio 5948

Syllabus

Appellant and her minor son lived in a manufactured-home community owned by appellee; the community included a playground owned and controlled by appellee, and tenants' dogs were allowed in the playground. While in the playground, appellant's son was bitten by a dog brought to the playground by another child who also lived in the community. Because appellee owned and controlled the playground and tenants' dogs were allowed in this space, appellee was a harborer of the dog when it bit appellant's son. As a harborer under R.C. 955.28, appellee was strictly liable for the injuries sustained by appellant's son. The trial court erred in sustaining appellee's motion for summary judgment and in overruling appellant's motion for partial summary judgment. Judgment reversed and remanded. (Welbaum, J., dissenting.)