Just as everybody is about to sit down for Thanksgiving dinner at your cousin’s house, her dog bites your child. A frantic trip to urgent care turns into stitches, follow-up visits with the pediatrician and a plastic surgeon. You miss work multiple times, and your child needs therapy for the trauma. Your sister feels awful, and you’re already dreading the conversation about who will pay the bills.
In many cases, family dogs that are usually friendly can end up biting someone during a holiday event simply because they’re stressed out. Too many people, too much noise and the disruption in routine can lead to a bite. Children are often the victims because they are right on the dog’s level. Although you never dreamed you’d be in this situation, you have decisions to make.
What Ohio law says about dog bites
It’s only natural to hesitate before bringing a personal injury claim against a relative or friend. However, the bills still have to be paid. Fortunately, homeowners and renters insurance typically includes liability coverage that will cover a claim if a policy holder’s dog bites someone.
Under Ohio law, a dog’s owner or caretaker is strictly liable for injuries the dog causes, regardless of whether the dog had a history of violence. The law does make exceptions, however, especially when the injured person was teasing, tormenting or abusing the dog on someone else’s property. However, if your child did nothing to the dog to provoke the attack, that shouldn’t be an issue.
If your relative or friend has applicable coverage, their insurer can investigate the claim and pay damages up to the policy’s liability limit. The details matter, though, since some policies exclude coverage for particular breeds. It may help to ask your host for their insurance information early, while everyone still remembers what happened.
You can start that conversation by explaining what treatment is needed and asking whether your host can report the bite to their insurer. Keep copies of your child’s medical records and bills, photograph the injury as it heals and write down who saw what happened. Keep track of your time off work. Follow-up care can make the total cost harder to gauge in the first few days.
If the injury is serious or the insurer disputes coverage, an Ohio personal injury attorney can help you review the policy and understand your options.