Areas of Practice

Animal Attacks

Ohio R.C. § 955.28(B) imposes statutory liability on the owner, keeper, or harborer of a dog that causes any injury to you or your property. The owner, keeper, or harborer is not responsible if you were trespassing or attempting to trespass, committing or attempting to commit some other criminal offense, or teasing the dog on the owner’s, keeper’s, or harborer’s property.

To establish a claim under R.C. § 955.28(B), you need to establish the following elements:

1. that the person whom you seek to recover from is the owner, keeper, or harborer of the dog;
2. that the dog caused your injuries; and
3. that you were not engaging in any of the prohibited actions mentioned above.

Who is the owner, keeper, or harborer of the dog?

The owner is the person whom the dog belongs, usually the person that purchased the dog or received the dog as a gift and may have registered the dog. A keeper is a person who has physical charge or care of the dog. A person can be a keeper even if they are exerting “temporary" control over the dog. A harborer is a person who has possession and control of the property where the dog lives and acquiesces to the dog’s presence. Multiple people can qualify as owners, keepers, and harborers of the dog. You should discuss your situation with an attorney that specializes in personal injury law to ensure that your rights are protected.

Timing

You must file your claim within two years of the attack. Each case is different and will require a focus on the particular facts surrounding your situation. You may contact us by completing a confidential case analysis form or by calling us directly at (330) 258-8000.

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