Who Is Liable for a Dog Bite in Ohio?
Last updated: October 2026
Key Takeaways
Ohio Revised Code 955.28 makes a dog’s owner, keeper, or harborer strictly liable for any injury the dog causes, with no need to prove the dog had bitten before or that anyone was careless.
The owner’s only defenses are that the victim was trespassing, committing a criminal offense other than a minor misdemeanor, or teasing, tormenting, or abusing the dog on the owner’s property.
In June 2026, the Ohio Supreme Court held that a landlord who merely allows tenants to keep dogs is not a “harborer,” so claims against landlords now require proof that the landlord sheltered or controlled the dog or knew it was dangerous.
A negligence claim must be filed within two years; Ohio courts have applied a six-year period to the statutory claim, but filing within two years protects both.
Dog bites are often traumatic incidents that leave victims with physical injuries, emotional distress, and financial burdens. When it comes to determining liability in a dog bite case, Ohio follows strict laws that can help hold the at-fault party accountable.
At Ronald S. Weiss, Attorney & Counselor, we are dedicated to helping clients in Ohio pursue justice and obtain fair compensation after a dog bite incident. We aim to help our clients understand Ohio's laws for dog bite liability and the steps they can take to protect their rights.
Ohio Dog Bite Laws
According to Ohio Revised Code 955.28(B), the owner, keeper, or harborer of a dog is liable for any injury, death, or loss to person or property that the dog causes. The statute is not limited to bites; it covers a dog that knocks someone down or causes a fall as well. Liability applies regardless of whether the person responsible knew the dog had aggressive tendencies, so a first-time bite is treated the same as a bite by a dog with a long history.
This strict liability doctrine ensures that victims can recover compensation without having to demonstrate the owner's intent or knowledge of the dog's behavior. However, it also places a significant responsibility on dog owners to maintain control of their pets at all times and take necessary precautions to prevent injuries.
Who Can Be Held Liable?
In Ohio, the dog's owner, harborer, or keeper can be held liable for a dog bite incident. This definition is broad and includes not only the legal owner but also anyone who has control over the dog. It could be a family member or friend who is temporarily taking care of the dog or even a dog sitter.
Ohio law identifies three primary parties who may be liable in a dog bite case:
Dog owners: The primary responsibility lies with the owner of the dog. Owners are held accountable for injuries their dog inflicted, even if the dog had never previously displayed signs of aggression.
Dog harborers: A harborer is someone who shelters, protects, or exercises control over a dog without owning it, such as a person who allows a family member’s or roommate’s dog to live in the home. Whether a landlord can be a harborer was settled by the Ohio Supreme Court in L.H. v. Sun Secured Financing on June 17, 2026. The court held, in a case where a child was bitten on a manufactured-home community’s playground by a tenant’s leashed dog, that a landlord or community owner that merely permits residents to keep dogs and allows leashed dogs in common areas does not harbor those dogs. A landlord is a harborer only if it actually shelters, protects, or controls the dog, which is rare in a standard rental arrangement.
Dog keepers: A keeper is an individual who has physical custody or control of a dog at the time of the incident. This can include dog walkers, pet sitters, or neighbors temporarily watching a dog.
Additionally, if a business establishment allows dogs on its premises and has control over them, such as a kennel, groomer, veterinary office, or dog daycare, it may be liable as a keeper or harborer for a bite that occurs while the dog is in its care.
Landlords are a different matter after the Sun Secured decision. A landlord that knew a tenant’s dog was dangerous and had the ability to require its removal may still face a negligence claim under Ohio’s ordinary premises liability rules, but the strict liability statute will rarely reach a landlord.
One other limit applies: a person who was keeping the dog at the time, such as a dog walker or sitter, cannot recover under the statute for being bitten by the dog in his or her care, as the Third District Court of Appeals held in 2023.
Exceptions to Ohio Strict Liability for Dog Bites
While Ohio's strict liability laws provide strong protections for victims, there are certain defenses that dog owners and their attorneys may use to avoid liability. These include:
Criminal trespass: If the victim was committing criminal trespass on the owner’s property at the time of the bite, the owner may avoid liability. The statute expressly states that a person who is lawfully soliciting at the property is not a trespasser, so delivery drivers, canvassers, and salespeople are protected.
Teasing, tormenting, or abusing the dog: If the victim was teasing, tormenting, or abusing the dog on the owner’s property, the owner may avoid liability. This exception applies only to conduct on the owner’s property, so it does not protect an owner whose dog bites someone on a sidewalk, in a park, or in another public place.
Committing a criminal offense: If the victim was committing or attempting a criminal offense other than a minor misdemeanor on the owner’s property or against any person, the owner may raise that as a defense.
These defenses demonstrate the importance of gathering evidence that shows where the bite occurred and what the victim was doing immediately beforehand. The Ohio Supreme Court has held that these statutory exceptions are the owner’s only defenses, so a victim’s partial fault does not reduce an award under the statute, and assumption of the risk is not a defense.
Comparative fault applies only to a separate negligence claim, which may be worth pursuing alongside the statutory claim because punitive damages are available only on the negligence claim. The process of proving your dog bite claim is largely the process of closing off these exceptions with documentation.
Steps to Take After a Dog Bite Incident
Taking immediate action after a dog bite incident can have a significant impact on your ability to recover compensation. Following specific steps can help protect your rights and help you build a strong case:
Seek medical attention: Your health and safety should always be the top priority. Even if your injury appears minor, get evaluated by a medical professional as soon as possible. Medical care can help prevent infection and document your injuries.
Identify the dog and its owner: If possible, obtain the name and contact information of the dog's owner. Be sure to identify any witnesses who might be able to provide statements about the incident.
Report the incident: Ohio law requires a dog bite to be reported within 24 hours to the health commissioner of the health district where the bite occurred, and the bitten person is one of the people required to report it, along with the treating medical provider. File a report with the county dog warden or police as well to create an official record and to trigger an investigation into the dog’s history. Since March 20, 2026, under Avery’s Law, a dog warden may seize a dog immediately after a serious attack, and the owner of a dog designated dangerous or vicious must carry $100,000 in liability insurance, which can matter for collecting a judgment. The reporting rules are explained in the discussion of whether doctors have to report dog bites in Ohio.
Document your injuries: Take photographs of your injuries, medical treatments, and any damages related to the dog bite. Keep records of all medical bills, lost wages, and other financial losses, as these will be essential for pursuing compensation.
Contact an experienced attorney: Filing a dog bite claim involves identifying every party who may be liable, locating the applicable insurance, and meeting the deadlines. A negligence claim must be filed within two years of the bite under ORC 2305.10, and although Ohio courts have applied a six-year period to the statutory claim under 955.28, filing within two years protects both. For a child, the deadline is paused until age 18. Your Ohio dog bite lawyer can evaluate whether the owner, a keeper, a harborer, or a business shares responsibility and pursue fair compensation for your injuries.
Consult an Experienced Attorney
Dog bite incidents can have far-reaching physical, emotional, and financial consequences. If you or a loved one has been injured in a dog attack, it is crucial to seek legal representation as soon as possible.
At Ronald S. Weiss, Attorney & Counselor, we are skilled in Ohio dog bite law and have decades of experience advocating for victims’ rights. Attorney Ronald S. Weiss is licensed in Ohio and handles Ohio dog bite claims from the firm’s Toledo office.
We are dedicated to making sure those responsible for your injuries are held accountable and that you receive the justice you deserve. Located in Toledo, Ohio, we serve clients throughout Ohio and Michigan. Contact us today to schedule a free consultation.