If you or your child was bitten by someone else’s dog in Ohio, you are entitled to file a claim for just compensation. With limited exceptions, Ohio law holds dog owners strictly liable for attacks. Even so, filing a claim requires several forms of evidence, so it’s important to hire an experienced Columbus dog bite lawyer who can handle your claim.
Dog bites often result in serious injuries, and many victims experience emotional trauma as well. Regardless of the dog’s size, an attack can have serious, long-term consequences—which is why victims and their families should take legal action when warranted.
In Ohio, dog bite victims and their families can file claims in most cases.
This is because Ohio has a “strict liability” rule for dog attacks. While many states require attack victims and their families to prove that the dog’s owner was negligent, Ohio does not. Under Section 955.28 of the Ohio Revised Code, if a dog attacks, the dog’s owner is responsible for the victim’s financial and non-financial losses—with only very limited exceptions.
How Do You Prove a Dog Bite in Ohio?
Even though dog owners are strictly liable for dog bites in Ohio, victims and their families must still prove their right to just compensation. This makes it important to hire an experienced Columbus dog bite lawyer as soon after the attack as possible. A lawyer experienced in dog bite cases can help you prove your legal rights and fight for the compensation you deserve.
Proving your legal rights requires evidence. You may already have some evidence—and if you do, keep it safe until you can share it with your lawyer.
But gathering all the evidence you need will require additional steps. Once you hire a lawyer to represent you, your lawyer will work quickly to gather all of the evidence that is available, which may include:
Photos, Videos, and Statements from Eyewitnesses
If anyone witnessed the attack, they may be able to provide statements confirming what happened. Eyewitnesses may also have cell phone photos and videos from the scene of the attack. Your lawyer can speak with any eyewitnesses willing to come forward and, if they have photos or videos relevant to your claim, seek copies to help support your legal rights.
Your lawyer can also look for photos or videos posted on social media. This includes not only posts from eyewitnesses, but also posts from the dog’s owner. Social media has become a common source of evidence in all types of personal injury cases; if photos or videos are available online, your lawyer can use them to bolster your claim as warranted.
Pet Adoption and Veterinary Records
Pet adoption and veterinary records can be used to prove who owns the dog that bit you or your loved one. If the dog’s owner acknowledges ownership, you may not need these records. But if you don’t know who owns the dog, or if the owner tries to evade responsibility, your lawyer can seek these records to prove liability.
Medical Records, Bills and Receipts
Medical records are key evidence in dog bite cases. After a dog attack, seek treatment right away. Dog bites can cause various injuries, and if the dog hasn’t been vaccinated (or you don’t know whether it has), rabies could be a concern as well.
In dog bite cases, medical records serve two equally important purposes:
- Proof of the Attack – Medical records can serve as proof of a dog attack. If a patient’s injuries are consistent with a dog bite—and if the patient’s medical records reflect that—this can help prove that the dog’s owner is liable for the patient’s medical bills and other losses.
- Proof of the Consequences of the Attack – Along with helping prove the attack itself, medical records can also show the consequences of the attack. This includes not only proving the extent of the victim’s physical injuries, but also proving the victim’s emotional trauma and future treatment needs.
Along with keeping copies of your (or your loved one’s) medical records, you should also keep copies of your medical bills. If you pay out of pocket for any medical supplies or medications, keep copies of your receipts as well. If you don’t have any of these records, your lawyer can help gather the documentation needed for your claim.
Employment Records
If you missed work because someone else’s dog bit you, you are entitled to just compensation for your lost income and benefits. You will need copies of your employment records to prove your lost earnings to date. If you also miss work in the future, your lawyer can use your employment records (along with your medical records) to prove your future lost earnings.
Documentation of Pain, Suffering and Other Non-Financial Losses
Filing a successful dog bite claim also requires evidence of the attack’s non-financial consequences. In addition to compensation for their medical expenses and lost earnings, dog bite victims are also entitled to just compensation for their pain and suffering, emotional trauma, and other non-financial losses. Victims and their family members can document these losses by keeping a daily log or journal and taking photos and videos throughout recovery.
While these can be important forms of evidence to prove your right to just compensation after a dog attack in Ohio, they are only examples. Your Columbus dog bite lawyer may also need to rely on other forms of evidence.
For example, you may need to hire a medical expert to prepare a report detailing the long-term physical and psychological effects of the attack. After assessing the circumstances of your case, your lawyer will be able to determine what evidence he or she needs in order to seek just compensation on your behalf.
FAQs: Filing a Dog Bite Claim in Ohio
What should I do to protect my legal rights after a dog attack in Ohio?
If you or a loved one suffered serious injuries in a dog attack, seeking treatment should be your first priority. This helps mitigate the risk of long-term consequences (to the extent possible) and protects your legal rights.
After seeking treatment, your next priority should be to consult with an experienced Columbus dog bite lawyer. Once you hire a lawyer, they can explain what you should do (and what you should avoid) while they fight for fair compensation on your behalf.
How do I seek financial compensation for a dog bite in Ohio?
In most cases, seeking financial compensation for a dog bite involves filing an insurance claim. Homeowner’s insurance and renter’s insurance policies typically include coverage for dog bites, and veterinary offices, boarding facilities, and other pet-related businesses typically have insurance that covers liability for dog attacks as well.
Should I hire a lawyer to help with my dog bite claim?
From gathering the evidence you need to calculating your losses and dealing with insurance companies, filing a dog bite claim requires knowledge of Ohio’s dog bite laws and the procedures involved in seeking just compensation. With that in mind, it’s in your best interest to have an experienced Columbus dog bite lawyer on your side.
How Malek & Malek Law Firm Can Help After a Dog Attack
At Malek & Malek Law Firm, we rely on decades of experience to help dog bite victims and their families seek just compensation for their losses. If you have questions about your legal rights, our lawyers can explain what you need to know, and then we can immediately start gathering the evidence needed to seek the financial compensation you deserve.
We handle all dog bite cases on a contingency fee basis, which means our clients pay nothing unless we win. To get started with a free, no-obligation consultation, contact us today.
Schedule a Free Consultation with a Columbus Dog Bite Lawyer Today
If you need to know more about filing a dog bite claim in Ohio, we strongly encourage you to speak with one of our experienced lawyers as soon as possible. Call us at 888-444-7440 to tell us how we can reach you online to schedule an appointment with a Columbus dog bite lawyer at Malek & Malek Law Firm.