Who is liable if a dog bites me in Ohio?
1. Liability Standard
Ohio is a strict-liability state under Ohio Rev. Code § 955.28(B). The owner, keeper, or harborer is liable for any injury, death, or loss caused by the dog.
2. Statutory Elements
Plaintiff must show: (a) defendant owned, kept, or harbored the dog; (b) the dog's conduct caused injury or damage; and (c) plaintiff was not trespassing, committing a criminal offense, or teasing/tormenting/abusing the dog.
3. Common-Law "One-Bite" Doctrine
Ohio plaintiffs may also pursue common-law negligence requiring scienter (Beckett v. Warren). Punitive damages are available only under the common-law theory.
4. Trespasser Defense
Trespassers and criminals on the property are barred from statutory recovery.
5. Provocation Defense
Teasing, tormenting, or abusing the dog bars statutory recovery.
6. Comparative Fault
Ohio's modified comparative-fault rule (Ohio Rev. Code § 2315.33) bars recovery above 50% fault; statutory dog-bite cases also apply comparative-fault reduction.
7. Landlord Liability
A landlord may be a "harborer" if they permit the dog in common areas with knowledge, but typically not for dogs confined to a tenant's exclusive space (Burrell v. Iwenofu).
8. Homeowner's Insurance
Most Ohio policies cover dog bites; breed exclusions are increasingly common.
9. Damages
Statutory: medical bills, lost wages, scarring, disfigurement. Common-law: same plus potential punitive damages on scienter showing.
10. Criminal Liability
Under Ohio Rev. Code § 955.99, owners of dangerous or vicious dogs that cause injury face misdemeanor or felony charges depending on severity and prior classification.
This is legal information, not legal advice.
- You want punitive damages, which require pursuing the common-law negligence theory
- Landlord may be a 'harborer' under Ohio law due to common-area access
- Owner argues you were trespassing or provoked the dog
- Ohio Rev. Code § 955.28(B)
- Ohio Rev. Code § 955.99
- Ohio Rev. Code § 2315.33
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.