Dog Bite Liability Defense

Summary

In Ohio, dog owners are strictly liable for injuries caused by their dogs, regardless of the dogs past behavior. However, a defense may exist if the injured party assumed the risk, such as by calling the dog over. Ohio does not adhere to the one free bite rule, meaning owners can be held liable even if the dog has no history of aggression. Understanding these nuances is crucial for both dog owners and victims in navigating legal responsibilities and rights. Consulting with a local attorney can provide guidance tailored to specific circumstances.

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Read the case study and then answer the questions that follow. Case Study Bart owns a Rottweiler named Mac. Bart is aware that Rottweilers are characterized as an aggressive breed and so he normally keeps Mac confined in his backyard surrounded by a five-foot fence. While Bart was walking Mac one day, the dog jumped up on Bart's neighbor, Lulu, who was passing by. Mac bit Lulu on the arm and seriously injured her. Lulu later admitted that she called the dog over to her when she saw Bart walking him. Bart also may have a possible defense based on the common law doctrine stating: “Every dog is entitled to one free bite.” a. True b. False
In Ohio, dog bite laws are quite specific. Here are a few key points:
- Strict Liability: Ohio follows strict liability rules for dog bites. This means the owner is liable for injuries caused by their dog, regardless of the dog's previous behavior.
- Assumption of Risk: Lulu's action of calling the dog over may be considered an assumption of risk, which could be a defense for Bart.
- One Free Bite Rule: Ohio does not follow the "one free bite" rule.
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