Purcell v. Stemen

Citations

• 228 N.E.3d 740
• 2023 Ohio 4086

Syllabus

Dog Bite R.C. 955.28 Strict Liability Summary Judgment. The trial court did not err in granting summary judgment to defendants-appellants on the claim for strict liability under R.C. 955.28. At the least, plaintiff-appellant was actively caring for defendants-appellants' dog at the time of her injury. There is no genuine issue of material fact, and reasonable minds could only conclude that she was the dog's \keeper\ under the statute at the time that it bit her. Therefore, she is barred from recovering under R.C. 955.28.