How to Protect Your Rights During a Dog Bite Investigation
Being bitten by a dog can be traumatic. Whether the bite occurs on private property or in a public space, it's important to act carefully to protect your rights, especially if you intend to seek compensation for your injuries. If you or a loved one is suffering from a dog bite injury, an experienced attorney can help you explore your options and advocate for your best interests.
At Ronald S. Weiss, Attorney & Counselor, our experienced personal injury attorney is skilled in handling dog bite injury cases in both Ohio and Michigan. Our goal is to guide you through your case so you can make informed decisions and take the necessary steps to protect your rights during a dog bite investigation. Contact us today to schedule a free consultation.
Understanding Dog Bite Laws in Michigan & Ohio
Both Ohio and Michigan have specific laws for handling dog bite cases. Understanding these laws is the first step in taking the necessary action to protect your rights after a dog bite.
Ohio Dog Bite Laws
Under Ohio law, dog owners are strictly liable for injuries caused by their dogs, as outlined in the Ohio Revised Code § 955.28. This means that you do not need to prove that the owner was negligent or that the dog had a previous history of aggression.
Ohio law also requires dog owners to exercise reasonable control over their pets, which includes keeping their dogs on a leash in public areas unless the dog is on the owner’s property or enclosed within a fence.
Michigan Dog Bite Laws
Michigan operates under a similar strict liability framework, as detailed in MCL § 287.351. If a dog bites someone without provocation while on public property or lawfully on private property, the owner can be held liable.
Michigan does not follow a “one-bite rule,” which allows dog owners a free pass if their dog has no prior history of biting. Instead, Michigan law prioritizes the victim’s rights from the first incident, regardless of whether the dog has a prior history of aggression.
Steps to Protect Your Rights During a Dog Bite Investigation
If you have been bitten by a dog in Ohio or Michigan, you have the right to file a claim against the dog owner to pursue compensation for your injuries. However, there are specific steps you should take to protect your rights and strengthen your claim.
1. Seek Immediate Medical Attention
Your health and safety should always take priority. After a dog bite, seek immediate medical attention. Even minor-looking wounds can lead to severe infections or complications if left untreated. A medical professional will document the nature and extent of your injuries, which can later serve as critical evidence in your case.
Additionally, it's important to verify whether the dog involved is up to date on its rabies vaccinations. Rabies is a potentially fatal disease, and your healthcare provider might recommend a series of post-exposure vaccinations if the dog's vaccination status is unclear.
2. Report the Incident to the Proper Authorities
Under both Ohio and Michigan law, it is essential to report a dog bite to local authorities, such as animal control or the police. Filing an official report ensures that the incident is documented, which can help establish the facts surrounding the case.
Ohio and Michigan both impose strict liability for dog bites, meaning an owner can be held liable for injuries caused by their dog, regardless of whether the dog has a history of aggressive behavior. By filing a report, you can strengthen your case and help initiate a formal investigation into the dog’s behavior and the owner’s responsibility.
3. Collect Detailed Evidence at the Scene
Gathering evidence immediately after the incident can help strengthen the outcome of your dog bite investigation. If possible, collect the following information:
The dog owner's information: Obtain the name, address, and contact details of the dog owner.
Witness statements: If there were any witnesses to the incident, ask for their names and contact information. Their accounts may be instrumental in supporting your claims.
Photographic evidence: Take photos of the dog, the location where the bite occurred, and, most importantly, your injuries.
If you are unable to gather evidence at the scene due to your injuries, ask a trusted friend or family member to assist you.
4. Avoid Speaking with Insurance Representatives Without Legal Counsel
Following a dog bite, you may be contacted by an insurance adjuster representing the dog owner. While you may feel compelled to cooperate, it is crucial to remember that insurance companies are primarily concerned with minimizing their financial liability.
Avoid making any recorded statements or signing documents without first consulting an Ohio or Michigan dog bite attorney. A knowledgeable attorney can assess the situation and stand up for your rights during discussions with insurance representatives.
5. Be Mindful of Time Limits for Filing a Claim
Both Ohio and Michigan have statutes of limitations for personal injury claims, including dog bite cases. In Ohio, you typically have two years from the date of the incident to file a lawsuit. In Michigan, you typically have three years to file a claim.
Failing to file within these time frames may result in losing the opportunity to seek compensation. Therefore, acting promptly is essential to protect your rights and preserve evidence while it is still fresh.
6. Maintain Detailed Records
Keep a record of all medical bills, treatment plans, and any expenses related to the dog bite, such as prescription medications or transportation costs to medical appointments. Additionally, document any communication with the dog owner, their insurance company, or law enforcement. Emails, text messages, and other forms of correspondence can serve as valuable evidence in building your case.
Contact Our Experienced Dog Bite Attorney Serving Both Michigan and Ohio
Being bitten by a dog can be traumatic, but there are steps you can take to seek compensation for your injuries and protect your rights during an investigation. At Ronald S. Weiss, Attorney & Counselor, our attorney has years of experience handling dog bite cases and advocating for the well-being of dog bite injury victims.
If you have been bitten by a dog, reach out to us today to schedule a free consultation. With offices in Toledo, Ohio, and West Bloomfield, Michigan, we serve clients across both states. We understand the laws governing dog bite cases in Ohio and Michigan and can evaluate your case, advocate for your rights, negotiate with insurance companies, and pursue the compensation you need.