In Ohio, dog bite cases are pursued under either a theory of strict liability or a common law negligence claim. Under Ohio Revised Code 955.28(B), dog owners, keepers, or harborers are strictly liable for injuries caused by their dog. If you are injured by a dog bite, you must prove ownership and that the dog caused your injuries. There are various defenses. For example, the injured party must not have trespassed, provoked the dog, or committed a criminal act. Under a negligence theory, the injured person must show that the owner failed to act reasonably in controlling or caring for his dog. For example, unleashing a dog in a public area would constitute a breach. As for what compensation you can potentially receive after a dog bite, you may be able to recover medical bills, lost wages, compensation for permanent scarring or disfigurement, pain and suffering, and emotional distress. Typically insurance coverage may be available under either homeowner’s or renter’s insurance.
What Should I Do After a Dog Bite?
If you are a victim of a dog bite, seek medical attention as soon as possible. It is important to address the most serious injuries first to prevent infection. Once you’ve sought medical attention, document those injuries with pictures. Gather all information surrounding the incident by taking photographs, videos, talking to all witnesses, and write down all the details of the incident. The more evidence you are able to obtain, the more easily you will be able to prove your case. It is also critical to confirm the identity of the owner or harborer of the dog by obtaining their contact and insurance information. After the incident, you should notify the local authorities to produce an official record. After completing the foregoing, you should contact a personal injury lawyer. Your lawyer will notify the insurance company of the incident, provide them with all your medical expenses supporting your injuries, lost wages, and photographs of scarring or disfigurement. As part of the negotiations, your lawyer will discuss the emotional distress and pain and suffering caused by the dog bite and attempt to settle your case pre litigation.
Do I Need to File a Lawsuit After a Dog Bite Injury?
If unable to resolve the matter, your injury lawyer will help you to navigate the litigation process to file your claim. In doing so, the lawyer will draft a complaint adding both statutory and common law claims and will assist you in discovery which will include answering and producing interrogatories, drafting admissions and production of documents, attending depositions, dealing with all motions that come before the court, and either resolving or trying the case to a jury.
How Much Should I Get For a Dog Bite Injury Case?
In Ohio, the Insurance Information Institute has found that in 2022, the average settlement for a dogbite case was around $50,692. The amount varies depending on medical bills, lost wages, disfigurement, and pain and suffering. These cases are usually settled out of court, but if tried to a jury may result in higher jury verdicts. The risk, however, is higher and a trial will be more costly and time consuming.
Do I Need a Lawyer After a Dog Bite Injury?
Contacting a dog bite attorney early on in your case protects you. They will be able to assist you in investigating your case, obtaining all the necessary documents of your injuries, deal with the insurance company in settlement of the matter, and litigating the case all the way through a jury trial. Without an attorney who has experience with dog bite injury cases, it is much easier for the insurance company to dodge responsibility or offer you less than your case is worth. Experienced lawyers know how to value cases and know what documentation is needed to maximize the compensation you receive.
Dennis P. Sawan
