Can You Sue if a Leashed Dog Bites You?
Dog bites can happen in a variety of situations, even when the dog is on a leash. Many individuals assume that a leashed dog is under control and poses less risk, but unfortunately, this is not always the case. If a leashed dog bites you, you may wonder what your legal rights are and whether you can pursue compensation for your injuries. In Michigan and Ohio, dog owners are strictly liable for their pets, even when the pets are on a leash. If a leashed dog bites you, you have the option to file a lawsuit.
At Ronald S. Weiss, Attorney & Counselor, we've handled countless dog bite cases, and we are committed to helping you explore your options following a dog bite.
Understanding Liability in Dog Bite Cases
Dog owners have a responsibility to make sure their dogs do not cause harm to others. While using a leash is one way to maintain control, it does not absolve the owner of liability if the dog bites someone.
In a dog bite case, liability often depends on the specific circumstances of the incident, including where it occurred and whether or not the dog owner acted negligently. Both Ohio and Michigan have strict dog bite laws that can help you determine liability in these cases. Understanding these laws is essential to seeking compensation after a dog bite.
Ohio Dog Bite Laws
Ohio follows strict liability in dog bite cases. Under Ohio Revised Code Section 955.28, a dog owner is liable if their dog bites someone, regardless of whether the dog has a history of aggression or the owner had prior knowledge of dangerous tendencies. This law applies even if the dog is on a leash.
However, there are exceptions. For example, if you were trespassing, committing a crime, or provoking the dog when the leashed dog bit you, the owner may not be held liable for the injuries you sustained.
Michigan Dog Bite Laws
Michigan enforces a strict liability statute for dog bites under Michigan Compiled Laws Section 287.351. This law holds dog owners accountable for bites, regardless of whether the dog was properly leashed or had no prior history of aggression. Similar to Ohio's dog bite law, there are exceptions, such as if you were trespassing, provoking the dog, or involved in unlawful activity at the time of the incident.
Both states prioritize public safety and hold dog owners to high standards of responsibility, regardless of whether their dogs are leashed. If you have been bitten by a leashed dog and are unsure whether you can sue, reach out to our attorneys today for guidance and advice.
How to Determine Negligence in Dog Bite Cases
While dog owners are typically held strictly liable for bites caused by their pet, negligence can also play a significant role in determining whether you can sue after being bitten by a leash-controlled dog. Leashing a dog doesn't automatically guarantee that the owner is exercising reasonable care to prevent harm.
If the owner failed to take proper precautions to guarantee their dog’s safety, you may have stronger legal grounds for filing a lawsuit. Important factors to assess whether a dog owner acted responsibly or negligently include the following:
Using an inappropriate leash: If the leash was too long or too weak to control the dog effectively, the owner might be considered negligent.
Failing to control the dog: Did the owner hold onto the leash securely, or did they allow the dog to pull away? If the owner failed to control the dog, allowed them to roam too far, or permitted them to approach others, they could be held responsible.
Not paying attention to their animal: If the dog owner was not paying attention to the dog or was distracted at the time of the attack, they could be found to be negligent.
Allowing a known dangerous dog to be in public: If the dog had a history of biting or aggressive behavior, and the owner failed to take additional precautions, this could demonstrate negligence.
At Ronald S. Weiss, Attorney & Counselor, we can help you gather the evidence you need, including witness statements, photographs, and any available video footage, to build a strong case that demonstrates whether the owner was negligent when the bite occurred.
How to File a Lawsuit Following a Dog Bite Injury
If you were bitten by a leashed dog, you have the right to file a lawsuit against the dog owner in both Ohio and Michigan. However, you will need to follow specific steps to protect your rights and build a strong case:
Seek medical attention immediately: The first and most important step following a dog bite is to seek medical attention. Even if the injury seems minor, it's crucial to get checked by a medical professional as soon as possible. This will make sure you receive proper treatment and document your injuries for legal purposes.
Report the incident: In both Ohio and Michigan, you are required to report the dog bite incident to the local animal control agency or police department within 24 hours of the attack. This will help create an official record of the incident.
Gather evidence: As mentioned earlier, gathering evidence is vital for building a strong case against the owner. Take photos of your injuries, any torn clothing, and the scene of the incident. Make note of any witnesses and obtain their contact information.
Contact a personal injury lawyer: It is highly recommended that you consult an experienced personal injury lawyer who handles dog bite cases. They will be able to advise you on the next steps to take and help you navigate through the legal process.
File a claim: Your attorney will help you file a claim against the owner's homeowner's insurance or renter's insurance policy. This will typically help cover any medical expenses, lost wages, and other damages resulting from the dog bite.
Negotiate a settlement: In most cases, the dog owner's insurance company will try to settle the case out of court. Your attorney can help you negotiate a settlement on your behalf and advocate for fair compensation for your injuries.
Go to trial (if necessary): If a settlement cannot be reached, your attorney may advise taking the case to court. At Ronald S. Weiss, Attorney & Counselor, we are experienced in representing our clients in court and fighting for the compensation you deserve.
No two dog bite cases are the same, and the injuries and trauma you experience can differ significantly. If you have been bitten by a dog in Ohio or Michigan and are considering filing a lawsuit against the dog owner, reach out to our firm today.
Reach Out to an Experienced Dog Bite Attorney in Ohio or Michigan Today
Dog bite cases can be complicated, especially if you have questions regarding leash use or the dog owner's negligence. At Ronald S. Weiss, Attorney & Counselor, we combine years of legal experience with a deep understanding of Ohio and Michigan dog bite laws to provide compassionate and effective legal representation. Our priority is to stand by your side and advocate for the compensation and justice you deserve.
If you or a loved one has been bitten by a leashed dog, contact our office today to schedule a free consultation. With locations in Toledo, Ohio, and West Bloomfield, Michigan, we serve clients throughout both states. Contact us today to schedule a consultation.