Wilmington Dog Bite Lawyer

Clinton County Dog Bite Accident Attorney

Every year, many people are attacked or killed by dogs in the Wilmington area. Many of these dogs are running loose, improperly trained, or inadequately supervised. 

We cannot simply blame the dogs for these alarming bites. Many animals are trained as guard dogs, attack dogs, or even fighting dogs, despite the fact that it is illegal to train dogs to fight. These dogs are victimized every bit as much as the victims of their attacks, and they too are often severely injured or even killed in dog fighting rings as they fight for their lives. It is no surprise that many of these animals are ingrained with vicious behaviors and ultimately end up harming humans. Negligent and abusive dog owners should be held liable for their actions. Lawsuits for dog bites and maulings not only compensate the injury victim, but also send a powerful message to deter Wilmington dog owners from fighting their dogs or training them to be vicious or aggressive. Dog fighting is a rampant problem in Ohio and throughout the Wilmington, Clinton County area. 

Of course, sometimes dogs that have never been trained to be aggressive or to fight will bite and injure victims, without any provocation whatsoever. Their owners should also be held liable in many cases, especially when they had knowledge of the dog’s tendency to bite or when some negligence on their part attributed to the dog bite. What it boils down to is that if you or a loved one have been bitten, attacked, maimed, or killed by a dog or other animal, you should be entitled to some degree of compensation from the animal’s owner or handler. Contact one of the experienced Wilmington dog bite lawyers above for a consultation regarding your claim.

Ohio’s General Dog Bite Statute

Ohio's dog bite law, reproduced below, hold owners accountable for almost all damages caused by that dog in Wilmington Dog Bite Law cases:

955.28 Dog may be killed for certain acts; owner liable for damages

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 criminal trespass or another criminal offense other than a minor misdemeanor on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property. Additionally, 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 if the injury, death, or loss was caused to the person or property of an individual who, at the time of the injury, death, or loss, was on the property of the owner, keeper, or harborer solely for the purpose of engaging in door-to-door sales or other solicitations regardless of whether the individual was in compliance with any requirement to obtain a permit or license to engage in door-to-door sales or other solicitations established by the political subdivision in which the property of the owner, keeper, or harborer is located, provided that the person was not committing a criminal offense other than a minor misdemeanor or was not teasing, tormenting, or abusing the dog.

Wilmington Negligence Per Se Dog Bite Lawyer  

When a statute or ordinance is violated and the violation leads to an injury, this is called negligence per se. The phrase “per se” comes from the Latin, meaning “through itself.” In legal jargon, negligence per se refers to the legal finding of negligence, or fault, based on the simple violation of a statute or regulation. Essentially, negligence per se is a legal fiction whereby lawyers and judges are willing to hold a defendant guilty simply for breaking the law, even though negligence itself might not be present. Specific requirements are: (1) the violation of the statute or ordinance was unexcused; (2) the statute or ordinance was designed to prevent injury to the class of persons to which the injured party belongs; and (3) it has been deemed appropriate to impose tort liability for violations of that statute.

Negligence per se is frequently found in cases of dog bites, dog maulings, and dog attacks, often resulting from a violation of:

1. leash laws;
2. dog trespass laws; or,
3. no “free-run” laws.

Usually, these types of dog control laws and ordinances are only found in large Ohio cities like Wilmington. If you or a loved one has been bitten or mauled by a dog running loose in violation of the law of Wilmington or Clinton County, you should contact a local Wilmington dog bite attorney immediately.

Family Bystander Mental Anguish Claims

Ohio may recognize the right of bystanders to recover damages for mental anguish caused by witnessing an accident, with the following limitations: the bystander must be a parent or child of the victim and the victim must have been killed or severely injured in the animal attack or mauling. Therefore, if you have witnessed a close family member mauled or bitten by a dog, you may want to pursue legal action on behalf of the injury victim as well as your own claims for witnessing such a horrific event. Contact a Wilmington dog bite lawyer today to discuss bystander and mental anguish claims.

What Should You Do if You Have Been Bitten by a Dog?

1. Make every attempt to keep the animal in sight, find its owner, and obtain the owner’s contact information, preferably verified by their photo ID.
2. Immediately wash the wound out with soap and warm water.
3. Make sure that you are up to date on your tetanus shots.
4. Seek the help of a physician or visit a local hospital.
5. Report the bite to the Clinton County Public Health & Environmental Services (contact information below). 
6. Seek the help of a Wilmington dog bite attorney, if necessary, and maintain copies of all medical records and other relevant evidence.

Personal Injury Attorneys Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

If you or a loved one has suffered an injury, please contact one of the experienced Clinton County dog bite lawyers listed on this page.