How Do You File a Dog Bite Injury Lawsuit?

If you’ve been wounded by an animal in Ohio, taking legal action could be your best option to recover medical costs, lost wages, and other damages. To pursue a dog bite injury lawsuit, you must consult with an attorney, gather evidence, file a complaint, and either negotiate a settlement or proceed to trial. The state’s law holds canine owners strictly liable for their pets’ actions, meaning the proprietor can be held responsible even if the animal has no prior history of aggression. At Dyer, Garofalo, Mann & Schultz, our knowledgeable team is well-versed in the state’s regulations and can guide you through the process to ensure you receive the compensation you’re entitled to.

dog bite injury lawsuit

Common Dog Bite Injuries

They can cause a wide range of injuries depending on the severity of the attack. Some may be minor, while others could require extended clinical treatment or result in lasting damage. Common damages include:

Puncture wounds: These occur when the teeth penetrate the skin, potentially causing deep tissue damage. If not treated properly, they might be prone to infection.
Lacerations: Deep cuts that often require stitches or surgical intervention to repair. Face wounds frequently lead to scarring and emotional trauma.
Broken bones: In some cases, the strength of the dog’s bite can fracture bones, particularly in children.
Infections: They can also lead to serious infections, such as tetanus, rabies, or sepsis, which may require immediate medical attention and treatment.
Nerve damage: Severe bites can cause long-term nerve damage, which may result in chronic pain or loss of function.
Scarring and disfigurement: If the damage happens on the face, neck, or hands, it may cause permanent marking, sometimes requiring reconstructive surgery.
Emotional trauma: Victims of these incidents usually experience psychological effects such as anxiety, depression, or PTSD, especially if the attack was violent.

If you’ve sustained any of these injuries, it’s vital to seek immediate medical and follow-up care. Additionally, documenting them through photographs and hospital reports will significantly support your legal case.

What to Do After a Dog Bite in Ohio?

There are some vital steps to take to protect your well-being and rights. Here’s what to do after this type of incident in Ohio:

Seek immediate medical attention: It’s essential to have a healthcare provider asses the bite to prevent infection and check for any underlying damage that may not be immediately visible.
Document the incident: If possible, take photographs of your wounds, the location of the incident, and the canine culprit. Make sure to capture images that show the evolution of the injury as it heals.
Report the dog bite: According to Ohio Administrative Code Rule 3701-3-28, these incidents must be reported to the local wellness commissioner. Reporting is crucial not only for public health reasons but also as evidence for your dispute.
Identify the dog and its owner: Obtain the caretaker’s name, contact information, and vaccination records. If the animal has not been vaccinated, you may require further treatment, such as a rabies shot.
Gather witness information: If other people witnessed the attack, gather their names and contact information. Their testimony could be the determining factor in establishing fault.
Contact an attorney: A dog bite attorney will guide you through the process and help you secure fair compensation. Legal support is significant if the dog custodian denies responsibility.

Taking these steps strengthens your claim and increases your likelihood of receiving compensation.

Who’s Liable for a Dog Bite?

According to Ohio Revised Code Section 955.261, a pet owner is responsible for any harm caused by their animal, regardless of the dog’s prior behavior. This strict accountability standard ensures that victims can seek compensation for their injuries without needing to prove the culprit had a history of aggression.

Exceptions to Strict Liability

There are a few exceptions to this rule where the owner may not be held accountable. These peculiarities include situations where:

The victim was trespassing: If the individual bitten was unlawfully on the pet guardian’s property, they may not be liable.
The victim provoked the dog: If the animal was provoked—such as being teased, hit, or otherwise aggravated by the victim—the holder may avoid the charge.
The victim was committing a crime: If the affected was engaged in illegal activity at the time of the incident, the custodian might not be held responsible.

It’s imperative to fully grasp these exceptional circumstances, as they can significantly influence the outcome of a dog bite case.

Other Potentially Liable Parties

In some situations, responsibility for this incident may extend beyond the caretaker. For example:

Landlords: If a building manager is aware of a tenant’s dangerous dog and fails to take appropriate action, they may be partially liable for any injuries caused by the dog. This applies primarily if it has a history of aggression or if the proprietary recognized the potential danger but took no steps to address it.
Dog Sitters or Handlers: If someone other than the owner was responsible for controlling the dog during the attack, such as a sitter or walker, they may also be held accountable. This typically applies if the handler did not properly restrain the canine, resulting in the incident.

Proving Liability

Confirming fault in these scenarios can be complex and requires a detailed investigation. Witness testimony, clinical files, and documentation of the dog’s behavior can all play critical roles in establishing who is at fault.

Steps to File a Dog Bite Injury Lawsuit

Filing a dog bite injury lawsuit in the state follows a specific process designed to ensure that all relevant details are meticulously addressed. Here is how to initiate your claim effectively:

Consult an Attorney: The initial step is to speak with an experienced dog bite lawyer who specializes in these situations. They will assess your situation, explain your options, and assist you in gathering the necessary evidence.
Collect Evidence: Your attorney will compile all relevant documentation, such as medical records, photos of your injuries, and witness statements. The more robust your evidence, the stronger your case will be.
File a Complaint: Your legal team will submit a complaint on your behalf. This document outlines the incident’s details, identifies the liable parties, and specifies the damages you are seeking.
Notify the Defendant: The defendant, usually the pet owner, must be formally informed of the litigation. This notification is carried out through a process called “service of process.”
Discovery Phase: Both parties will collect and exchange pertinent information related to the accident. This may involve depositions, interrogatories, and document requests.
Negotiation and Settlement: Many cases are resolved outside of court. Your solicitor will negotiate with the defendant’s insurance company to achieve fair compensation. If the offered resolution is insufficient, it may proceed to court.
Trial (if necessary): If an agreement cannot be achieved, your claim will go to juridical processing. Both sides will present their evidence, and a judge or jury will render a final decision.

What Compensation Can I Seek For?

The victims in Ohio are entitled to pursue indemnity for various damages, depending on the severity of their wounds. Common forms may include aspects such as:

Hospital expenses: This includes all costs associated with treating your injuries, such as hospital visits, surgeries, medications, and physical therapy.
Lost wages: If your lesion prevents you from working, you may be entitled to compensation for lost income. This can also include future earnings if it results in long-term disability.
Pain and suffering: Victims can seek remuneration for both physical pain and emotional distress resulting from the accident. This includes anxiety, depression, and loss of enjoyment of life.
Scarring and disfigurement: Compensation may be awarded for permanent scars or disfigurement caused by accident, especially if reconstructive surgery is required.
Punitive damages: In rare instances, punitive damages may be awarded if the animal owner’s behavior was notably reckless or egregious.

How Long Do I Have to File for a Dog Bite Injury Lawsuit in Ohio?

As outlined in Ohio Revised Code Section 955.261, the statute of limitations for filing a dog bite injury lawsuit is two years from the date of the incident. This means that you have two years to file a claim, or you may forfeit your right to seek compensation.

There are a few exceptions to this rule. For example, if the victim is a minor, the two-year clock may not begin until they reach the age of 18. However, such circumstances are rare, and it’s important to act promptly to ensure your petition is filed within the appropriate time frame.

Contact Us to Protect Your Rights

You must complete the deadline to file your lawsuit to avoid your case being dismissed, making it fundamental to contact an attorney as soon as possible. At Dyer, Garofalo, Mann & Schultz, we’re dedicated to helping you meet all legal due dates and ensuring that your case is managed with the utmost care and professionalism. Our team will guide you through each step of the process, advocating fiercely for your rights and well-being while also keeping you informed about significant developments and decisions.

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.