Being bitten or attacked by a dog can be a traumatic experience that can lead to a number of physical injuries and emotional distress. Ohio law recognizes the seriousness of dog attacks and provides victims with legal remedies to obtain compensation for their damages.
Whether you are bitten by a stranger’s dog while walking down the street or attacked by a neighbor’s dog while on your property, it is imperative that you take certain steps to protect your health and legal rights. This article will discuss the legal options available to dog bite victims in Ohio and what you need to do to recover damages in a personal injury case.
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Establishing Liability in Ohio
Ohio law holds dog owners strictly liable for injuries caused by their pets under certain circumstances. Specifically, a dog owner can be held liable for damages if their dog, without provocation, attacks or injures another person, or causes that person to reasonably believe that they are in imminent danger of being attacked.
Moreover, Ohio law does not require that the victim prove that the dog owner was negligent or knew that their dog was dangerous. The mere fact that the dog caused the injury is sufficient to establish liability on the part of the owner.
It is worth noting, however, that Ohio’s strict liability laws do not apply if the victim was trespassing on the dog owner’s property, or if the victim was teasing, tormenting, or abusing the dog at the time of the attack.
Compensatory Damages for Dog Bite Injuries
Victims of dog attacks in Ohio may be entitled to recover compensatory damages to cover their medical expenses, lost wages, and pain and suffering. Compensatory damages are designed to make the victim whole again by providing financial compensation for the losses they have suffered as a result of the dog attack.
The damages recoverable in a dog bite case may include any or all of the following:
Medical Expenses
Dog bite victims may need emergency medical care, hospitalization, surgery, rehabilitation, and other medical treatments, which can be expensive. Compensatory damages can cover all the medical costs incurred by the victim, including future medical expenses if the injury results in long-term or permanent impairment.
Lost Wages
A dog bite may force the victim to take time off work to recover from their injuries, attend medical appointments, or seek psychological counseling. Victims may be able to recover the wages they would have earned during their absence, as well as any time off work they may need in the future.
Pain and Suffering
A dog attack can inflict immense physical and emotional pain on a victim. Compensatory damages can include compensation for the victim’s physical pain and suffering, as well as any psychological or emotional trauma resulting from the attack.
Property Damage
In some cases, a dog attack may cause damage to the victim’s clothing, glasses, jewelry, or other personal property. Victims may be able to recover the cost of repairing or replacing their damaged property as part of their compensatory damages.
Pursuing a Personal Injury Claim in Ohio
If you have been bitten by a dog in Ohio, your first priority should be to seek prompt medical attention for your injuries. You should then contact a personal injury attorney with experience handling dog bite cases to discuss your legal options.
To pursue a personal injury claim in Ohio, you will need to prove the following elements:
- The dog caused your injuries;
- The dog was owned by the defendant at the time of the attack;
- You did not provoke the dog;
- You were not trespassing on the defendant’s property;
- You suffered damages as a result of the attack.
Your attorney will gather evidence to support your claim, including witness statements, medical records, and any available photos or videos of the incident. They will also negotiate with the insurance company or the defendant’s attorney to seek a fair settlement for your damages.
If the case cannot be resolved through negotiation, your attorney may advise you to file a lawsuit against the dog owner in court. A trial may be necessary to determine the amount of damages you are entitled to receive.
Conclusion
Dog attacks can be devastating, leaving victims with physical injuries, emotional trauma, and financial losses. Fortunately, Ohio law offers legal remedies to those who have been injured by a dog. If you or a loved one has been bitten by a dog in Ohio, it is important to seek legal advice from a skilled personal injury attorney who has experience handling dog bite cases. With the right representation, you can recover the compensation you need to move forward from this traumatic event.