A dog bite can take place when you least expect it, even at work. Although not very common, people do experience dog bites while “on the clock.”
If you work in a residential area, you have a higher chance of getting bitten. Even though a dog’s behavior can be unpredictable, your legal rights should not be.
If you have experienced a dog bite at work, you need to speak with a personal injury lawyer at Dyer, Garofalo, Mann & Schultz to discuss your rights.
While some states allow a dog to get “one free bite” before an owner is liable, Ohio is a state that practices strict liability. This means that a dog owner is responsible for each and every time their dog bites someone, regardless of whether or not they knew the dog was dangerous.
Ohio Revised Code §955.28 reads that “The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog…”
There is usually no confusion about who the dog’s owner is, but the dog’s “keeper” may be more confusing. A dog walker or even a neighbor who is temporarily watching or walking the dog is considered the “keeper” of the canine.
Another party that could be held liable could be the “harborer” of the dog. Anyone who controls the dog’s home is considered the dog’s harborer. Depending on the circumstances, you may be able to take legal action against the owner, keeper, or harborer of the dog (but generally only one party).
If you were bitten while on the job, you do have three options to receive compensation:
If you are bitten by a dog, you do have the option to file a homeowners’ claim against the dog owner or custodian. Coverage will typically range between $100,000 to $300,000, depending on the policy.
You could also sue the person who is responsible for your injuries. This would be either the dog’s owner, keeper, or harborer. By bringing your case to court, you stand a better chance of receiving more damages.
While Ohio only allows victims two years to file most personal injury suits, you have six years from the date of a dog bite or attack to begin legal proceedings. If you were bitten before you turned 18, you have six years to take action following your 18th birthday. If you miss this deadline, you forgo your right to collect compensation.
You do have another option if you were bitten while at work; you could collect a dog bite workers’ compensation. Workers’ compensation is a form of insurance that your employer must provide you. If you fall ill or are hurt on the job, it will pay for your lost wages and medical expenses.
Note that the dog bite must have happened in the scope of your employment. If the dog attack took place before or after work hours, you won’t be eligible to receive workers’ compensation.
If you have been attacked by a canine, you may be eligible to recover for your losses, known in the law as damages.
Damages that reflect actual losses suffered are known as compensatory damages. Compensatory damages can be classified as either economic or non-economic. Economic damages are easily calculated and are actual monetary losses that you have sustained.
Common economic damages in a dog attack may include:
Lost income and medical costs will compose the majority of economic damages in a dog bite claim.
In contrast, you will likely also have noneconomic damages, which are intangible losses that cannot be easily quantified but do affect your quality of life.
Common noneconomic damages in a dog attack may include:
Ohio’s local health departments investigate roughly 20,000 animal bite and exposure incidents annually. If you have been bitten by a dog, your top priority should be your health.
Following a dog bite, it is important that you receive medical treatment. Dog bites are a breeding ground for infections. Left untreated, dog bite victims can potentially suffer from bloodstream infections and inflamed tissues surrounding the heart and joints.
Even if your injuries are minor, if you wait between getting bitten and receiving medical care, there is a chance that the insurance company will deny your claim or pay out significantly less. By waiting to receive treatment, an insurance company may argue that your injuries were less severe than you claimed.
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Your employer should know that you were attacked by a dog. If you fill out an accident report, this documents the injury.
Certain occupations are at a higher risk of getting bitten, such as:
After a dog bite, it is crucial that you begin building your case. That starts with collecting pertinent evidence.
If you are able to, you should collect the following evidence (if available):
*If you do see witnesses, it is important to get their contact information. You may need to call upon them to testify in the future.
As soon as possible following the dog bite attack, you will want to contact a personal injury lawyer who has experience representing victims of dog attacks. A Dayton dog bite attorney can help point you in the right direction and advise you on your next steps.
Even if you are only filing an insurance claim, hiring a dog bite attorney can be extremely helpful. A personal injury attorney has experience dealing with insurance companies.
Insurance companies are in the business of paying out as little as possible on claims and will try to find any evidence disproving the validity of your claim. Letting your attorney communicate with an insurer on your behalf will give you the best chance for a successful claim.
A dog bite can take away from your ability to live a normal life. The matter is only exacerbated when it happens at work. If you have been bitten while on the job, you need representation you can count on. Contact us today at Dyer, Garofalo, Mann & Schultz to schedule your free case evaluation.
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.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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