Asked 4 months ago - Cincinnati, OHFlag
I was attacked by the pit bull and had to undergo 2 surgeries for a badly broken hand , i received screws and a metal plate , I have less mobility and thousands in doctor bills , the renter has no ins . and the property owner is playing stupid , but the husband did acknowledge that he did know of the dog but the wife did not , who is ultimately responsible for this huge mess !
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Here is the statute in your state:
The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property.
Ohio has very strong dog attack laws that may impose liability on both the renter and the owner. You need to be aware that some insurance policies have exclusions for pitbulls that could impact coverage. I would strongly urge you to speak with a Ohio licensed injury lawyer ASAP who can gather and review the policies in question and assist you through the claims process.
Best of Luck,
Practicing Injury Law in Ohio
Talk to a local injury lawyer. The law varies from state to state. In calif to nail the owner of the property you have to prove he had knowledge before this incident that the dog had vicious propensities, or for example, that the LL was liable for not keeping the fence in good repair thereby allowing the dog to escape the yard and attack.
Contact a lawyer asap! Both the owner of property and the dog owner can be sued. I'm sorry to hear you have gone through so much pain. You deserve compensation! I and I presume most lawyers give free consultations in cases like this.
Rodriguez & Associates ltd
526 Nilles Rd 9
Fairfield Ohio 45014
Pursuant to R.C. 955.28, Ohio's "Dog Bite" law, the "owner, keeper or harborer" of a dog is strictly liable for any/all injury caused by the animal. In this case, the actual owner/renter is likely uncollectible and/or has no insurance. Thus, your only hope and source of recovery would be the landlord/owner. But establishing legal liability on the landlord/property owner as the "keeper" or "harborer" of the dog that bit you might not be that easy to do. Likewise, if the property owner is "playing stupid," you may have to file a lawsuit against both parties to get anywhere with your claim. In light of the nature and extent of your injuries, I would be happy to try and assist you in this matter on a Contingency Fee basis. Please call or email my office if you would like my help. Otherwise, good luck!
This will be a factual question that will probably need to be developed through litigation. Your attorney will probably wish to sue both the landlord and the dog owner.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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