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Ohio Dog Bite Law - Assumption of the Risk is not a Permissible Defense

Stephanie Day
Stephanie Day
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Posted by Stephanie DayFebruary 04, 2009 11:33 AM
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In Ohio, the owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to a person or property that is caused by the dog. Ohio's dog bite law is one of strict liability. Defenses to a dog bite claim arise when the damage caused by the dog was the result of the injured person tresspassing, or teasing, tormenting, or abusing the dog. Voluntarily encountering the dog and "assuming the risk" of being bitten is not a defense in Ohio pursuant to R.C. 955.28 and Pulley v. Malek (1986), 25 Ohio St.3d 95.

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Bill Hayes
Posted by Bill Hayes
February 05, 2009 12:14 PM

As it should be; states that have the one bite rule are just wrong. Allowing a dog one bite is no different than allowing a revengeful person one shot at their nemesis.

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