The Dog Bite Injury Lawyers Columbus Trusts

Proving the Case

Our dog attack attorneys may use a variety of legal theories to establish the liability of a dog owner that does not take sufficient measures to protect others from his or her dog. Generally, a dog owner may be liable to a dog attack victim based on strict liability, negligence, or violation of a leash law.

Strict Liability: Although strict liability is a basis for imposing legal responsibility for dog bite injuries, the concept of strict liability is somewhat nuanced in this context. While strict liability still means “liability regardless of negligent conduct,” strict liability only applies if a pre-existing knowledge requirement is met (referred to as the “scienter” requirement). A dog owner may be liable for a dog bite attack if the owner knows or should know that a dog has a vicious propensity. This vicious propensity may be manifested not only by bites but also through aggressive conduct by the dog or evidence of the owner’s knowledge, like muzzling the dog or posting “beware of dog” signs. If a dog owner knows or should know of such vicious propensities, then the dog owner may be liable for injuries even if the dog owner is not negligent.

Negligence: When dog owners have no reason to know of prior vicious tendencies by their dog, they may still be liable if they engage in negligent conduct that causes a dog bite victim’s injuries. An example of such negligence (i.e. unreasonably careless behavior) might include leaving one’s gate open so that the dog gets out.

Local Leash Laws: If a dog owner fails to restrain their dog on a leash or fenced in their yard in violation of a leash law, our experienced Columbus dog bite attorneys may be able to employ the doctrine of “negligence per se.” The doctrine of negligence per se essentially means that violation of a statute or ordinance (e.g. leash law) that is intended to protect the public may constitute negligence when the violation results in injury to those it is intended to protect. A leash law in a locality is designed to protect residents from being injured by dogs running at large. This means that a violation of the leash law may constitute the basis for imposing liability on the dog owner.