Let’s Talk About Dogs in the Buckeye State
From the shores of Lake Erie to the rolling hills of Hocking, Ohioans and their dogs are practically inseparable. They’re part of our families and our communities. But because things can happen, it’s smart to know how the state handles the serious issue of a dog bite.
Ohio’s law is a bit of a curveball—it’s not a simple “one-bite” rule or a straightforward “strict liability” state. It’s actually a mix of both, and which rule applies depends entirely on the dog’s history. It might sound a little confusing, but we’ll break it down so it makes perfect sense.
Ohio’s Two-Part Law: It’s All About the First Bite
The best way to understand Ohio law is to see it as a two-step process. The rules for a dog’s first bite are totally different from the rules for any bite after that.
Part 1: The First Time a Dog Bites (The “One-Bite Rule” Part)
For a dog’s very first bite, Ohio follows a version of the “one-bite rule.”
This means the owner is not automatically responsible. To hold an owner liable for a first-time bite, the injured person must prove the owner was negligent. In simple terms, they have to show that the owner knew (or should have known) that their dog had some dangerous or aggressive tendencies, even if it had never actually bitten someone before.
This could be a history of growling, snapping at people, or lunging aggressively. If you can’t prove the owner knew their dog could be a risk, it’s very difficult to hold them liable for that first incident.
Part 2: Any Bite After the First (The “Strict Liability” Part)
This is where the law flips. Once a dog has bitten someone, the “one-bite” grace period is over.
For any subsequent bite, Ohio’s strict liability law kicks in.
At this point, the owner is automatically responsible for any injuries their dog causes. It doesn’t matter if they took precautions. The dog now has a history, and the owner is on the hook for all damages—from medical bills to lost wages and pain and suffering.
When an Owner Might Not Be on the Hook
Even with these rules, there are a couple of key defenses an owner can use to avoid being held responsible. According to Ohio law, an owner is generally not liable if the person who was bitten was:
- Trespassing or committing another crime on the owner’s property.
- Teasing, tormenting, or abusing the dog, which caused it to react.
If one of these situations applies, it can be a complete defense for the dog owner.
“Dangerous” and “Vicious” Dogs
Ohio has specific legal labels for dogs that have shown aggression. A dog might be classified as “dangerous” if it injures someone or kills another dog. The label becomes “vicious” if it seriously injures or kills a person.
Owners of dogs with these official labels have to follow very strict rules, like keeping the dog in a secure enclosure, using a muzzle in public, and carrying liability insurance. If a dog with one of these labels attacks someone, the owner can face serious legal trouble, including criminal charges.
The Clock is Ticking: A Very Long Deadline
Every state has a time limit to file a lawsuit, called the statute of limitations. Ohio’s is surprisingly long.
In Ohio, you have six years from the date of the injury to file a dog bite lawsuit.
While that seems like a lot of time, it’s never a good idea to wait. Evidence can disappear and memories can fade, so it’s always best to act in a timely manner.
The Bottom Line
Ohio’s dog bite law is a unique system that tries to balance fairness. It gives owners a bit of a break for a first-time, unexpected incident but holds them strictly accountable once their dog has proven it can be dangerous. The message is clear: pay attention to your dog’s behavior. Responsible ownership and taking any signs of aggression seriously is the best way to protect your dog, your family, and your community.