Critical Considerations for Parents Following a Dog Bite Involving Children
Dog bites can be a terrifying experience, especially for children. Children are often more vulnerable to severe injuries due to their smaller size and tendency to engage closely with dogs. If your child has been bitten by a dog in Michigan or Ohio, a dog bite attorney can help you review the incident and consider your next steps for holding the dog owner accountable.
At Ronald S. Weiss, Attorney & Counselor, we understand how traumatic dog bite incidents can be for you and your children. We are dedicated to helping you understand how to best approach these unfortunate incidents under your state's laws. With offices in Toledo, Ohio, and West Bloomfield, Michigan, we serve clients throughout both states. Contact us today.
Ohio and Michigan Liability Laws Governing Dog Bites
The law governing dog bites varies from state to state, and understanding how your state handles a dog that bites a child is essential to establishing liability and pursuing compensation from the dog owner.
Ohio follows a strict liability law when it comes to dog bites. This means that dog owners are held accountable for a bite so long as your child was not trespassing, teasing/tormenting/abusing the dog, or committing a criminal act. The law does not require you to prove that the dog had previously shown aggressive behavior. This makes Ohio dog bite cases relatively straightforward.
Michigan also follows strict laws to hold dog owners liable under specific circumstances. You can file a claim against a dog owner so long as your child was not trespassing or provoking the dog and as long as the incident occurred in a public place or while on lawfully accessed private property.
What to Do Following a Dog Bite Incident Involving Your Child
If your child has been bitten by a dog in Ohio or Michigan, it's important to take specific steps and consider your options as soon as possible. While the specific actions and considerations may vary depending on the circumstances of the incident, the following are general items to consider.
Seek Immediate Medical Attention
Even if the bite appears minor, have your child evaluated by a medical professional as soon as possible. Dog bites can lead to infections, such as tetanus or rabies, and severe lacerations may require stitches or reconstructive surgery.
Medical documentation also creates a record of your child's injuries, which may serve as evidence if you later decide to pursue a claim against the dog owner. Both Ohio and Michigan recognize the seriousness of dog bite injuries, especially for children, and seeking prompt medical care helps protect your child's health and safety and demonstrates that you prioritized their well-being.
Gather Information About the Incident
After addressing your child's immediate medical needs, gather as much information as possible about the dog bite incident. Documentation and evidence will serve as the foundation of your dog bite case. The primary types of evidence you should collect include:
The identity of the dog owner or handler, if the attack occurred without the owner present.
Contact information for any witnesses to the attack.
Photos and videos of your child’s injuries.
Photos and videos of the dog and the location where the attack occurred.
Remember, Ohio follows strict liability for dog bites, meaning a dog owner may be held responsible for injuries caused by their dog, regardless of the dog's history of aggression. Michigan, similarly imposes strict liability on dog owners, other than in limited cases. Collecting detailed information about the situation helps establish liability and supports your case under these state-specific regulations.
Report the Dog Bite to the Authorities
Report the dog-bite incident to local animal control or law enforcement as soon as possible. Reporting helps promote accountability and determine whether the dog has a history of aggression or current vaccinations. Local authorities may also initiate an investigation into the dog's behavior and the owner's compliance with leash and control laws. Typically, when you seek medical attention, the medical provider will initiate a report to the County's animal control or dog warden.
Proper documentation of the incident in an official report could significantly strengthen your case. Local authorities may also impose fines or other penalties on negligent owners to help ensure public safety.
Explore the Types of Compensation Available
After a dog has bitten your child, the financial and emotional toll on your family can be significant. From medical bills to emotional trauma, it’s important to determine what types of compensation you may be eligible for.
Under Ohio and Michigan law, parents may be able to seek the following damages on behalf of their child:
Medical expenses, including future treatments such as reconstructive surgeries.
Pain and suffering experienced by the child.
Psychological counseling for dealing with trauma.
Loss of wages if you had to take time off work to care for your child.
Scarring or permanent disfigurement resulting from the bite.
The severity of these damages will vary depending on the circumstances of the incident and your child's resulting injuries. Consider consulting with an experienced dog bite attorney who can help you calculate your child's damages and file a comprehensive claim for compensation.
Understand the Time Limits for Taking Legal Action
Be aware of the statute of limitations in your state. You generally have two years to file a claim for compensation in Ohio and three years to file a claim in Michigan. If you're pursuing a claim on behalf of your child, the court may allow some flexibility by extending the timeline, but for a fact specific determination of the time lines, please contact our office.
However, this is not an automatic guarantee and can vary based on the circumstances of your case. While this may seem like you have ample time to file a claim, it is always better to act sooner, as evidence and witness recollections can fade over time.
Contact Our Experienced Dog Bite Attorneys Today for Experienced Representation
Dog bites involving children are serious and can lead to lasting physical and emotional scars. If your child has been bitten by a dog and you are unsure of the next steps to take, contact us at Ronald S. Weiss, Attorney & Counselor.
We understand the emotional toll such an injury can take on your child and your family, and we're committed to helping you investigate the circumstances of your case, gather evidence, and negotiate with insurance companies to pursue the compensation you deserve.
With offices in Toledo, Ohio, and West Bloomfield, Michigan, we serve families throughout both states. Contact us today to schedule a free consultation and explore how we can help protect your child's well-being following a dog bite.