Understanding Ohio's Dog Bite Law
Ohio operates under a strict liability framework for dog bites, meaning that dog owners are generally held liable for injuries their dogs cause, regardless of the dog's prior behavior. However, there are notable exceptions to this rule. According to Ohio Revised Code § 955.28(B), a dog owner may not be liable if the injured person was:
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Committing or attempting to commit a criminal offense other than a minor misdemeanor on the property of the owner.
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Teasing, tormenting, or abusing the dog on the owner's property.Nolo+4Ohio Laws+4Ohio Laws+4GB Law+6Bensinger Legal Services+6Ohio Laws+6
Provocation, defined as teasing, tormenting, or abusing the dog, can serve as a defense against liability.ronweissattorney.com+1Nolo+1
Steps to Assert a Provocation Defense
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Document the Incident Thoroughly:
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Gather any available evidence, such as surveillance footage, photographs, or audio recordings, that capture the events leading up to the bite.
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Collect statements from witnesses who observed the interaction between the alleged victim and your dog.
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Maintain records of your dog's behavior history, including any training certifications or prior incidents.
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Report the Incident:
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Notify the local health department within 24 hours of the bite. In Franklin County, this would be the Franklin County Public Health Department.
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Ensure your dog undergoes the mandatory 10-day quarantine period to monitor for rabies, as stipulated by Ohio law.Colombo LawOhio Laws+1The Henry Law Firm+1
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Consult with a Qualified Attorney:
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Engage an attorney experienced in Ohio dog bite laws to help navigate the legal process and build a defense based on provocation.
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Your attorney can assist in gathering and presenting evidence, negotiating with opposing parties, and representing you in court if necessary.
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File a Formal Response:
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If a lawsuit is filed against you, work with your attorney to submit a formal response to the court, asserting the provocation defense and providing supporting evidence.
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Additional Considerations
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Potential Counterclaims: If you believe the alleged victim intentionally provoked your dog, leading to the bite, discuss with your attorney the possibility of filing a counterclaim for damages or other legal remedies.Tittle & Perlmuter+1jamioliver.com+1
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Civil Rights Implications: In cases where you suspect that the incident was orchestrated due to discriminatory motives (e.g., based on race, religion, or other protected characteristics), consult with your attorney about the potential to file a civil rights complaint under federal or state laws.
Conclusion
While Ohio's strict liability statute generally holds dog owners accountable for bites, the law recognizes provocation as a valid defense. By promptly documenting the incident, reporting it to the appropriate authorities, and seeking legal counsel, you can effectively navigate the legal system in Franklin County to assert your rights and defend against unwarranted liability.ronweissattorney.com+1Tittle & Perlmuter+1