What To Do If A Dog Bites You?

More than 12,000 people are hospitalized yearly due to dog bites in this country. Over four million dog bites happen every year coast to coast. One-quarter of those bites result in infection. From 1993 to 2008, the rate of dog bite hospitalizations nationwide exploded by 86%. Infants and toddlers are dogs’ number one victims.

Around 1,000 people per day are admitted to the emergency room because of a dog attack. Between 2013 and 2022, the average cost of a dog bite case grew by more than 130%. With an average dog bite hospitalization costing almost $20,000, it’s no wonder. Sadly, this number is 50% higher than other hospitalizations due to being injured (vs. being sick).

If a dog has injured you, contact an attorney from Dyer, Garofalo, Mann & Schultz to know furthers steps on what to do if a dog bites you.

what to do if a dog bites you

Understanding the Ohio Dog Bite Laws Statute

In Ohio, strict liability means that a dog owner is held responsible for damages caused by their dog, regardless of whether they knew about the dog’s dangerous tendencies. This means that if a dog bites or injures someone, the owner is automatically liable for the damages. This is in contrast to a negligence-based system where the injured party would have to prove that the owner was careless or failed to take reasonable preventive measures.

Under Ohio dog bite law, strict liability applies to injuries caused by a dog’s bite and other types of injuries resulting from a dog’s actions, such as knocking someone down and causing them to fall and injure themselves. However, there are certain exceptions to strict liability.

Exemptions to Strict Liability Law

Ohio law offers exemptions to the strict liability rule in certain circumstances:

Provocation. If the plaintiff hit, kicked, or otherwise mistreated the dog into attacking them, the dog owner may not be strictly liable for the injuries.
Trespassing. Trespassing refers to entering someone else’s property without permission or legal right to do so. Therefore, if the victim was trespassing on the dog owner’s property, the owner may not be strictly liable.
Committing a crime. If the injured person was committing a crime on the dog owner’s premises at the time of the incident, the owner may not be held strictly liable. This exemption applies if the injured person was engaged in burglary, vandalism, or any other criminal offense.

Additionally, dog bite victims may seek compensation by establishing negligence, which can be done by satisfying the criteria for the one-bite rule. This is not explicitly outlined in Ohio statutes, but it’s an applicable legal doctrine that suggests a dog owner may only be liable for dog bite injuries if they know the animal’s propensity to bite or cause harm.

To prove negligence under this principle, the victim must demonstrate that the dog owner knew or should have known about the dog’s dangerous tendencies based on prior behavior or other relevant factors. Essentially, if the owner had reason to believe that their dog posed a risk of biting or causing injury to others, they may be deemed negligent for failing to take appropriate precautions to prevent harm. For example, the owner’s failure to properly restrain or control the dog despite being aware of its aggressive tendencies may support a claim of negligence.

What To Do If A Dog Bites You? – Steps to Take

Call 911 or Go to the ER or Urgent Care

Depending on the severity of your wounds, either call 911 and get an ambulance out to you or go to the emergency room (if you will need more than about five stitches or an MRI) or urgent care (if you just need an x-ray and a few stitches). Don’t downplay what happened. When the dog that attacks is your neighbor (presumably your friend), there is a tendency to downplay symptoms.

Put your safety ahead of anything else if you are bit by a neighbor’s dog. Even waiting just 24 hours to get treated can mean you’ve already been infected with something that leads to staph infections or worse. Follow your doctor’s aftercare instructions and, above all else, keep the wound(s) clean.

Report the Attack to Animal Control

For public safety, Animal Control needs to investigate every dog bite incident. It’s crucial that you notify Animal Control as soon as you can, and your medical team will no doubt remind you of this. If your attack was very serious, the hospital should be able to report it to you. If you called 911 after the attack, the dispatcher no doubt notified Animal Control but always confirmed it.

Animal Control will locate the dog, see if it’s licensed and vaccinated, and inspect the dog’s current health to see if it appears to be sick. They will create a report of the incident connected to the dog’s license and/or owner/address, etc. Ask to receive a copy of the report if they do not automatically give you one.

Prepare Your Legal Case

Ohio Revised Code section 955.28 ensures that irresponsible or negligent dog owners are, in legal terms, “liable” for your lost wages, medical bills, damaged property…even pain and suffering. If you were physically and/or emotionally injured in the dog attack, you have the right to financial compensation. It’s important, especially in the early stages, to proceed as if you’re going to need to prove everything in court. To help your Dayton dog bite lawyer build a strong case against the dog owner:

Follow your doctor’s orders to recover after the attack. Take all prescribed medication. Go to all of your follow-up appointments. Attend physical therapy. Let your medical team know if you run a fever, experience a pain spike, etc.
Document anything you may know about the dog’s history. You can write it in a journal, in an email to Animal Control, or in a medical app message to your doctor. Include things like the dog’s breed, size, why the owner has the dog (Is it for protection?), have you ever seen the dog snip, growl, or act aggressively before, is a “beware of the dog” sign on your neighbor’s property, what have your other neighbors observed about the dog or owner (Is it kept outside in the rain, walked regularly, taunted by neighborhood kids?), and has the dog been known to get into fights with other dogs?
Take lots of photos and videos documenting the attack and your injuries—not just at the time of the incident but as your healing progresses as well. Doing things like holding a ruler up next to your injuries and other things to further quantify your injuries and losses is helpful.
Get the contact information of any witnesses who were present during the attack.
Call the local District Attorney’s office and ensure that your neighbor is prosecuted criminally. This is not required for a civil case, but it is really important to ensure the dog owner’s negligence doesn’t hurt or kill a baby the next time.

Who Is Liable for Dog Bite Injuries in Ohio?

In Ohio, liability for dog bite injuries may extend to one or more of the following parties:

The dog owner. The primary responsibility for dog bite injuries lies with the dog’s owner. This includes anyone who has legal ownership and control over the animal.
The keeper. A keeper is a person who has physical charge or care over the dog. If a keeper is negligent in handling the dog and allows it to bite someone, they may also be held liable for the injuries.

A harborer. This is someone who provides shelter to the dog, even if they do not own it. If a harborer is aware of the dog’s dangerous tendencies and fails to take reasonable precautions to prevent harm, they may be held responsible for dog bite injuries.

What Happens to the Dog That Bit You?

Ohio Revised Code section 955.261 states very clearly, from a legal perspective, what must be done after a dog bite. To summarize:

Ensure that the offending dog is not removed from the county where the bite occurred. The dog may be moved or put down after being quarantined for ten days. The board of health can oversee or assist with quarantining such dogs. Dogs may be transported to the local Animal Control facility.
If the dog is at risk for attacking again or is terminally ill, it can be put down before the quarantine period ends. If this should happen, the board of health must be notified, and the offending dog’s body should not be touched until it is tested for rabies.
There are special rules for police dogs.

Should I Hire a Lawyer for a Dog Bite?

Did you know victims who have legal representation get settlements over three times bigger than those who handle their cases alone, according to the Insurance Research Council? This means dog bite lawyers are paying for themselves and still putting more money in your pocket, on average. Obviously, results vary on a case-by-case basis, but there is no reason not to shop around for a dog bite lawyer. You won’t pay anything at all for the lawyer’s services in the beginning or until you win compensation. The legal fees are taken from your settlement amount when your check comes in.

What Can an Ohio Dog Bite Lawyer Do for You When Seeking Compensation?

If you sustain injury due to a dog bite, you need to talk to an attorney immediately. This is because they can help in diverse ways, such as:

Case evaluation. A dog bite attorney can assess your case to determine its strengths and weaknesses.
Gathering evidence. Dog bite cases often require substantial evidence to support the victim’s claims. An attorney will gather evidence, such as documentation regarding the dog’s history of aggression or the owner’s negligence to help build a strong claim.
Negotiating. Insurance providers often seek to minimize payouts or deny claims altogether. A dog bite lawyer can advocate for adequate settlement according to the severity of your injuries and other damages.
Developing a legal strategy. A good legal strategy requires careful consideration of various factors. Your lawyer will develop a tailored legal strategy to maximize your compensation.

By hiring a lawyer to handle these tasks, you can alleviate the stress of pursuing a claim alone and ensure that your rights are protected throughout the process.

What Are Recoverable Damages?

Victims of dog bite injuries in Ohio are entitled to various forms of compensation, including:

Pain and discomfort experienced due to the dog bite injuries
Disability or disfigurement, such as scarring or loss of limb function
Medical expenses, including past, current, and any ongoing medical care
Lost wages and income
Psychological counseling due to psychological effects
Future earning capacity in cases where the injuries result in long-term or permanent disability
Loss of quality of life as a result of the dog bite’s impact on the victim’s quality of life

Your Ohio dog bite attorney can help calculate damages so as to ensure you receive proper compensation that covers all your losses.

Do You Need an Ohio Dog Bite Lawyer?

At Dyer, Garofalo, Mann, & Schultz, we are Ohio dog bite lawyers who will fight for the maximum compensation possible for you. Dog attacks are serious injuries that can be reduced in the future with our help. Contact us at 937-222-2222 to book your free legal consultation today. You can also use our web contact form as well.

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.