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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Question Laws Where A Dog Bites Another Dog

    In Dec,07 I had and incident in front of my house where my grandfather, who has early dimentia, took the wrong dog outside and my dog attacked another persons dog walking in front of our house. I was not there when it happened, but the dog he attacked is walked on our property everyday, so im assuming my dog was being teritorial. The problem is that, the dog was taken to the vet and accrued $4,100 worth of bills. The owners sent me a letter demanding I pay the full amount in 15 days. With the letter they gave us $400 dollars in reciepts, including one reciept with a past due balance of $200 in March,07. This is in the state of Ohio.
    My questions are:
    -In ohio is the owner or handle of the dog liable for the damages?
    -Is it possible that becuase the other dogs owner did not pick up his dog, or turn away when he saw my dog acting aggressively towards his dog, that he is also liable becuase of comparative negligence?
    -Is there any limit on what a reasonable person would do to help their dog?I say this becuase $4,100 is a lot of money, I have medical insurance becuase I cant even pay that much for myself if I was sick or hurt let alone a dog.
    -Am I entitled to vet information on the dog before I even consider making them an offer? Consider 1)The mysterious previous balance in March. and 2)The other dog is 2-3 times the weight it should be, basically morbidly obese.
    Im really in a bind, reading the state laws are like another language to me, and I cant afford a lawyer to help me with this. Any advise would be helpful.
    Thanks

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Dog Bite Dog Laws

    Quote Quoting cassolito
    View Post
    . This is in the state of Ohio.
    My questions are:
    -In ohio is the owner or handle of the dog liable for the damages?
    Ohio appears to have a semi strict liability law for dog bites, see (B):

    http://codes.ohio.gov/orc/955.28

    Go to a main library branch and ask where you can find the Revised Code. Look up the section here and (B), and read any case law/annotations after it to see if any such "comparative negligence" cases can be found to argue in your behalf. It may be a good bet to read/photocopy every case on dog bites, you may find some useful. Remember though, just because you see a case in print, does not necessarily mean it is good law, it simply means it was litigated at one time.


    -Is it possible that becuase the other dogs owner did not pick up his dog, or turn away when he saw my dog acting aggressively towards his dog, that he is also liable becuase of comparative negligence?
    You can argue this, and possibly it may prevail, yes?


    -Is there any limit on what a reasonable person would do to help their dog?I say this becuase $4,100 is a lot of money, I have medical insurance becuase I cant even pay that much for myself if I was sick or hurt let alone a dog.
    Given the high costs of medical treatment, human or animal, 4,100 may be very acceptable. If the other dog could have been easliy shielded from attack, etc., and was not, this would have to be proven by the defendant, either you or your grandfather, or both if sued jointly.
    -

    Am I entitled to vet information on the dog before I even consider making them an offer? Consider 1)The mysterious previous balance in March. and 2)The other dog is 2-3 times the weight it should be, basically morbidly obese.
    Im really in a bind, reading the state laws are like another language to me, and I cant afford a lawyer to help me with this. Any advise would be helpful.
    Thanks
    You certainly have right to ask for the vet reports. If they claim damage, let them back it up with proof. They surely don't expect you to pay a figure they just throw out at you.

    I checked, Ohio small claims court jurisdiction is $3,000.00, so if indeed it has to be litigated, they either settle for 3 G's, if you agree, or if the whole amount is desired, a payment plan. If it is not agreeable to them, then they must sue in a higher ourt.

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