Dog Owner Negligence Claims: Cleveland

If a dog owner fails to take reasonable steps to prevent their dog from causing harm, they can be held liable for injuries caused by their negligence. This includes failing to restrain a dangerous dog, ignoring local leash laws, or failing to warn others about a dog’s aggressive behavior.

We specialize in helping victims of dog attacks file claims against negligent dog owners. Let us help you seek the compensation you deserve for your injuries and hold the dog owner accountable for their irresponsibility.

What Constitutes Dog Owner Negligence?

Understanding Dog Owner Liability in Dog Bite Cases

In Ohio, under Ohio Revised Code Section 955.28(B), dog owners are strictly liable for injuries caused by their dogs, provided the bite occurs in a public area or while the victim is lawfully on private property, regardless of the dog’s prior behavior.

Along with strict liability, dog owners may also face negligence claims for failing to follow local regulations or not taking reasonable steps to prevent their dog from causing harm.

Common Examples of Negligence in Dog Bite Cases:

• Failure to Restrain the Dog: If the dog owner allowed their dog to roam freely without a leash or proper containment, this may be considered negligence, especially in areas with leash laws.
• Ignoring Aggressive Tendencies: If a dog owner knew of the dog’s aggressive tendencies, such as previous bites or threatening behavior, but failed to take precautions like using a muzzle, securing the dog, or warning others, they could be liable for any resulting injuries. In Ohio, the dog owner’s liability may be reduced or dismissed if substantial provocation by the victim can be proven. For the provocation defense to be successful, the owner must show that the provocation was sufficient to justify the dog’s reaction.
• Violating Local Leash Laws: In Cleveland, leash laws generally require dogs to be leashed in public areas unless in designated off-leash zones. Failing to adhere to leash laws can support a claim of negligence in addition to Ohio’s strict liability law.
• Failure to Warn: If the dog owner did not warn visitors or others about the dog’s dangerous tendencies—such as failing to post signs or provide verbal warnings—this may also constitute negligence.
• Failure to Secure the Property: If the dog owner failed to secure fencing or gates, allowing the dog to escape and attack someone, they may be held liable for the resulting injuries.

Negligence in dog bite cases can lead to severe injuries, and holding the owner accountable is essential for recovering compensation and preventing future attacks.in severe injuries, and holding the owner accountable is essential for recovering compensation and preventing future attacks.

How to Prove Dog Owner Negligence

Establishing the Dog Owner’s Responsibility for the Attack

To successfully file a dog owner negligence claim, you must demonstrate that the owner’s failure to act responsibly caused the dog bite. The key elements involved include:

1. Duty of Care: In Cleveland, dog owners are expected to exercise reasonable care, which includes adhering to leash laws in public areas and securing their dog on private property to prevent harm to others.
2. Breach of Duty: If the dog owner failed to fulfill their duty by not properly controlling or restraining the dog, they have breached their duty of care.
3. Causation: You must demonstrate that the dog owner’s failure to take reasonable steps directly led to the dog bite incident and caused your injuries.
4. Damages: You must prove that the dog bite resulted in actual damages, such as medical bills, lost wages, or pain and suffering.

Our legal team will thoroughly investigate your case, gathering evidence such as witness statements, medical records, and local law violations to build a strong claim of negligence against the dog owner.

Common Examples of Dog Owner Negligence

Real-World Scenarios Where Owners Fail to Prevent Dog Attacks

Dog owner negligence can occur in many ways. Some common examples include:

• Unleashed Dogs in Public: The owner allows their dog to run loose in a public park, and the dog bites someone.
• Failure to Secure the Dog on Private Property: A dog owner leaves a gate open or has a broken fence, allowing their dog to escape and attack a passerby.
• Dog Off-Leash in a Leash-Law Area: The owner disregards local leash laws and lets their dog roam freely in a park, leading to an attack.
• Failure to Warn Guests: A dog owner invites someone onto their property without warning them of the dog’s aggressive behavior, resulting in the guest being bitten.
• Allowing a Dangerous Dog to Roam Free: An owner with a known aggressive dog lets the animal out in public without proper control, resulting in an attack.

Each of these scenarios involves a failure on the part of the dog owner to take reasonable precautions to protect others, leading to preventable injuries.e scenarios involves a failure on the part of the dog owner to take reasonable precautions to protect others, leading to preventable injuries.

How We Can Help You File a Dog Owner Negligence Claim

Our Legal Team Will Help You Seek Justice and Compensation

We have extensive experience holding negligent dog owners accountable for the harm they cause. Our team is dedicated to ensuring you receive fair compensation for your injuries and that the negligent dog owner is held responsible. Here’s how we help:

• Investigate the Incident: We will conduct a thorough investigation, gathering evidence such as police reports, witness statements, and any documentation of previous incidents involving the dog.
• Determine Negligence: Our team will analyze the facts of the case to establish how the dog owner’s actions (or lack of action) constituted negligence.
• Negotiate with Insurance Companies: We’ll handle all negotiations with the dog owner’s insurance company to secure a fair settlement that covers your medical bills, lost wages, and pain and suffering.
• Litigate if Necessary: If the insurance company does not offer a fair settlement, we are prepared to take your case to court to ensure that justice is served.

Our goal is to make the legal process as smooth as possible while fighting for the compensation you deserve..

Signs You May Have a Dog Owner Negligence Claim

How to Know if You’re Eligible to File a Negligence Claim

• The Dog Was Not Properly Restrained: If the dog was not properly restrained—such as being unleashed in an area where leash laws apply, escaping through a broken fence, or not being adequately controlled on private property—the owner may be held liable for negligence. Evidence of such failures strengthens the case for holding the owner responsible.
• The Dog Had a History of Aggression: If the dog had previously bitten someone or shown aggressive behavior, and the owner failed to take action, you may be able to hold the owner responsible.
• Local Laws Were Violated: If the dog owner violated local leash laws or other regulations, this could strengthen your negligence claim.
• You Were Lawfully on the Property: If you were a guest, visitor, or worker on the dog owner’s property and were bitten without being warned about the dog’s behavior, the owner could be liable.

If these factors apply to your situation, it’s important to consult with an attorney as soon as possible to discuss your legal options.

Frequently Asked Questions

FAQs About Dog Owner Negligence Claims

What if the dog had never bitten anyone before?

Even if the dog has no prior history of aggression, Ohio’s strict liability statute holds owners responsible if they failed to control the dog or violated local leash laws, leading to the incident.

How long do I have to file a negligence claim?

In Ohio, you generally have two years from the date of a dog bite incident to file a personal injury claim. For minors, the statute of limitations is extended, allowing them to file until two years after reaching the age of 18.

Can I still file a claim if the owner says the bite was my fault?

Ohio follows a comparative fault rule, which allows you to pursue a negligence claim even if you are partially at fault. However, your compensation may be reduced by your percentage of fault in the incident, provided you are not more than 50% responsible.