It’s hard to imagine a reversal of fortune so dramatic as walking down the street, minding your own business, when suddenly one or more vicious dogs attack from nowhere, ripping and tearing at your body. An ordinary day turns into a nightmare, and the resulting emergency medical treatment for dog bites is often just the beginning of the physical and psychological challenges that you may face for years to come.
That includes permanent scarring that can be disfiguring and provide a constant reminder of the terrifying circumstance of the dog attack.
Southern Ohio, like anyplace else, has seen many instances of vicious dog attacks in recent years. One of the worst happened in October 2022 in Vinton County when a 64-year-old woman walking her mountain bike past a house on Shea Road was attacked by three pit-bull terriers.
According to a December 2022 article posted by WOUB Public Media, the woman, Eva Simons of Clintonville near Columbus, was bicycling near Lake Hope State Park when her mountain bike’s tire went flat in a relatively isolated area between Lake Hope and the Moonville Tunnel. As she walked her bike back to where she parked her car, the trio of dogs attacked from a house, pinning her to the ground. They continued their biting attack for 20 minutes, WOUB reported, before two passersby stopped to help and scared the dogs away.
After being taken to the hospital in Hocking County and then Grant Medical Center in Columbus for emergency surgery, Simons ended up having one of her legs amputated above the knee, with multiple surgeries, and continues to face a long path to physical and emotional recovery. (The dogs were subsequently put down with their two owners facing misdemeanor charges related to the incident.)
Dog Bite Liability May Extend Past the Dog Owner
In July 2023, Simons filed a lawsuit in Vinton County Common Pleas Court in connection with the October 2022 dog-bite attack. It named as defendants the couple who owned the attacking dogs and a neighbor. That suit remained pending as of late February 2024.
In some cases, according to Ohio law, attorneys for the victim of a dog attack, rather than going after the usual target of dog-bite litigation, the dog’s owner or keeper, may target an entity that “harbored” the allegedly vicious dog(s). In a case pending in Scioto County, for example, they have named as defendant an extended-stay hotel in Portsmouth where the incident occurred.
The victim was reportedly renting a room in the “pet-friendly” hotel when, as she was walking her own dog, Shotgun, in the hotel parking lot, two dogs from another guest’s room came rushing out and viciously attacked 14-year-old Shotgun.
The woman waded in to save her dog, and, as often happens when someone tries to stop an attacking dog, suffered significant and permanent injuries. Her senior dog died as a result of the attack.
Dog Bite Scars Can Last a Lifetime
One aspect of dog bites that doesn’t get sufficient attention are the consequences that linger long after the initial medical treatment. At the top of that list are scars from the puncture and ripping wounds that typically occur during a dog attack.
Unfortunately, insurance adjusters often seek to limit compensation to the amount of medical bills, which seldom reflect the long-term negative consequences of scarring. One hypothetical example cited by Chillicothe lawyer Mike Warren is a case where a vicious dog bites a 4-year-old on the face. “The mom already had the child in beauty pageants and had plans for her to model. A bad scar scraps all those plans,” he said.
As mentioned, dog-bite injuries can leave both physical and psychological scars that can last a lifetime. Reconstructive surgery and counseling often fall short of making things right. Physical and psychological injuries often are interrelated, with residual scarring and disfigurement resulting in depression, issues with body image, loss of self-esteem, social withdrawal, and other negative issues.
Lasting physical issues, aside from scarring, can include throbbing pain, rawness and itchiness, reduced range of motion, and sensitivity to touch. Scar tissue can also be associated with numbness and nerve damage.
Your Options After a Dog Attack
People who suffer injuries in a dog bite attack – or whose family members do – naturally wonder whether they have any prospect of getting compensation for the negative consequences of the attack. Some of their questions include:
• Do they have a case? This depends on various factors such as where the attack occurred, circumstances of the bite(s), and specific laws that apply. It’s best to consult an experienced dog bite attorney.
• What compensation may be available? It’s reasonable to expect compensation for medical expenses, lost wages, pain and suffering, and emotional distress. Amounts will vary based on the specific case.
• How long do they have to file a lawsuit? This can differ by the state where the attack happened and the type of claim. Consult an attorney for specifics.
• Who is responsible for a dog bite? Typically, the dog’s owner is liable. In some cases, landlords or others involved in dog care might be responsible. As shown earlier in this article, a hotel or other lodging business that “harbors” a vicious dog might be held liable.
• What if the dog has bitten before? A history of previous biting incidents or threatening behavior should strengthen the case against the dog owner.
What Legal Issues Apply in Cases of Dog Bites?
On his “Dog Bite Law” website, celebrated Los Angeles attorney (also dubbed the “dog bite king”) Kevin M. Phillips outlines how various states handle injuring dog bites.
A dog bite victim in Ohio can recover compensation under various legal doctrines including negligence. A “strict liability” state, Ohio makes a dog owner, harborer, or keeper liable for an injury to a person or the property of a person, including that person’s dog.
More specifically, in Ohio, according to Phillips, the victim of a dog attack can obtain compensation from the dog’s owner, keeper, or harborer if 1) the dog previously bit a person or behaved threateningly, and 2) the defendant was aware of their dog’s previous dangerous behavior. Both of these standards must be met in order to obtain compensation under this particular legal doctrine.
Fortunately, Ohio also has a statute under which dog-bite claims can be brought that supplements the aforementioned legal doctrines covering dog bites. It makes a dog owner, keeper, or harborer liable whenever their dog injures, bites, or causes a loss to a person or to the property of a person (including a person’s dog) even the first time it happens.
Bitten by a Dog in South-Central Ohio?
If you’re unlucky enough to suffer a dog bite attack, suffering short- and/or long-term injuries and trauma, your first priority should be to obtain immediate medical care and report the attack to your local health department. If you received medical treatment at an ER or urgent-care clinic, they likely will make that report for you.
Your next step should be to consider seeking compensation for your injuries, both physical and psychological.
Mike Warren of the Warren Law Firm in Chillicothe has an impressive record of recovering financial compensation for dog bites from medical bills, loss of work, and mental anguish. The firm covers communities throughout south-central Ohio, including Chillicothe, Jackson, Circleville, Waverly, Washington Court House, Athens, Lancaster and Portsmouth.
If you are interested in a free no-hassle consultation from Chillicothe “dog bite lawyer” Mike Warren, contact Buckeye Legal.
This article was written by Terry Smith, a freelance writer, working with Warren Law Firm.
In 2020, Terry left The Athens NEWS in Athens, Ohio, after editing that award-winning publication for 34 years. His columns and editorials have placed first in the Ohio News Media Association’s annual weekly newspaper awards in recent years. Before returning to Athens and his alma mater, Ohio University, in 1986, Smith reported for newspapers in Ohio, Arizona, Idaho, Colorado and West Virginia. He is currently freelance editing and writing from his home in Southern Ohio.
Featured Image by T.R. Photography
References
https://www.palermolawgroup.com/blog/scar-tissue-dog-bite
