As trusted personal injury attorneys at Paulozzi LPA, we know that dog bite cases involving landlords and tenants present unique legal challenges. While dog owners are usually held responsible for dog bite injuries, landlords can also be liable in specific circumstances. This article explores landlord liability under Ohio law and offers guidance for victims seeking compensation.
When Can a Landlord Be Liable for a Tenant’s Dog?
Landlords in Ohio are not automatically liable for dog bite injuries caused by their tenants’ dogs. However, liability may arise when:
- The Landlord Knew About the Dog’s Aggressive Behavior
Landlords can be held accountable if they knew or should have known about a tenant’s dangerous dog and failed to act.
- The Injury Occurred in a Common Area
Shared spaces such as hallways, parking lots, or playgrounds fall under a landlord’s responsibility. Injuries in these areas can make the landlord liable.
- The Landlord Exercised Control Over the Dog
If the landlord cared for the dog or otherwise harbored it, they could share liability for injuries.
Understanding Ohio’s Dog Bite Laws
Ohio Revised Code § 955.28 imposes strict liability on dog owners for injuries caused by their pets. However, the law also identifies situations where landlords may share liability, particularly if they “harbor” or “keep” the dog. Courts generally consider a landlord’s knowledge of the dog’s behavior and their level of control over the property.
Examples of Landlord Liability in Dog Bite Cases
Cases Where Landlords Were Held Liable
- Failure to Address Complaints
A landlord ignored multiple complaints about a tenant’s aggressive dog, which later bit a visitor in the common area. The court found the landlord liable for neglecting to act.
- Knowledge of Dangerous Propensities
A landlord allowed a tenant to keep a dog with a known history of biting. When the dog bit another tenant, the landlord was held partially responsible.
Cases Where Landlords Were Not Liable
- Lack of Knowledge
A landlord was not held liable when a dog with no prior history of aggression bit someone inside a tenant’s apartment.
- No Control Over the Dog
Courts dismissed cases where landlords did not have the authority to remove the dog or were unaware of its presence.
Steps Landlords Can Take to Avoid Liability
Landlords can protect themselves from liability with these proactive measures:
- Establish Clear Pet Policies
Require tenants to disclose pets and provide proof of insurance for dog-related injuries.
- Enforce Lease Agreements
Include clauses allowing the removal of dangerous animals.
- Investigate Complaints Promptly
Follow up on reports of aggressive dogs to assess potential risks.
- Maintain Safe Common Areas
Inspect and secure shared spaces to minimize the risk of dog-related injuries.
What Should You Do After a Dog Bite?
If you’ve been injured by a tenant’s dog, taking the right steps is crucial to protect your health and legal rights. Here’s a clear plan of action:
1. Seek Immediate Medical Attention
Your safety is the top priority. Prompt medical care not only addresses your injuries but also creates a vital record of the incident. This documentation can be critical for proving your case and preventing further health complications.
2. Collect Evidence and Document the Incident
Gather as much information as possible to support your claim:
- Photographs: Take clear pictures of your injuries, the location of the incident, and the dog involved.
- Witness Statements: Speak with anyone who saw the attack and ask for their contact information.
- Details About the Dog and Property: Note the dog’s breed, behavior, and any visible warning signs (e.g., “Beware of Dog” signs).
3. Contact a Personal Injury Attorney
Navigating a dog bite claim can be complex, especially if a landlord may share liability. At Paulozzi LPA, our experienced Ohio dog bite lawyers will review your case, determine all liable parties, and guide you through the legal process. From gathering evidence to negotiating a fair settlement, we’re here to help you secure the compensation you deserve.
Ohio Court Cases Highlighting Landlord Liability
- Linebaugh v. Hyndman
A landlord was held liable after failing to remove a known dangerous dog, which later injured a child.
- Parker v. Sutton
The court ruled that a landlord was not liable for a dog bite because they reasonably believed the dog had been removed after a prior incident.
These cases demonstrate that landlord liability hinges on knowledge, control, and the location of the incident.
Potential Compensation for Dog Bite Victims
If you’ve suffered a dog bite injury, you may be entitled to pursue compensation for various damages, including:
- Medical Expenses: Coverage for hospital visits, surgeries, medications, and ongoing treatments.
- Lost Wages: Compensation for income lost during recovery or any long-term impact on earning capacity.
- Pain and Suffering: Recognition of the physical and emotional toll of the injury.
- Property Damage: Reimbursement for personal belongings damaged during the incident.
- Emotional Distress: Compensation for the psychological impact, including anxiety, fear, or trauma resulting from the attack.
Understanding your rights is crucial to securing the compensation you deserve. Reach out to an experienced dog bite lawyer for guidance.
Expert Legal Support for Dog Bite Victims | Contact Paulozzi LPA
Dog bite injuries can result in lasting physical and emotional challenges. At Paulozzi LPA, we understand the complexities of personal injury cases, including landlord liability, and are dedicated to helping you pursue the justice and compensation you deserve. Our experienced team is here to guide you every step of the way. Contact us today to schedule a free consultation. We’re here to help you turn a difficult situation into a path toward justice and healing.
