The Lounge  
Created
 30 Oct 2004 

Dogs

While dogs are fun, loyal, and lovable, their incessant demand for attention makes them a poor match for my quietly contemplative temperament.  So although most dogs and I get along quite well during brief visits, they and I are not well suited to living together.

Most often my encounters with dogs are on the road.  Due to canines' territorial and predatory nature, this can present difficulties for all concerned: the traveler, the dog, and the dog's owner.  Unfortunately, most dog owners seem blissfully unaware of the full severity of legal risk to themselves presented by an unrestrained pet (even in areas where there are no leash laws).  Thus, for the benefit of all, some words of caution are definitely in order.

ATTENTION: OHIO DOG OWNERS

Whether they know it or not, all dog owners in Ohio (and perhaps other states) are subject to an "absolute liability" law, the gist of which is this:

THE OWNER OF A DOG IS ABSOLUTELY LIABLE FOR ANY AND ALL INJURIES AND DAMAGES OCCURRING AS A DIRECT OR INDIRECT RESULT OF THE ANIMAL'S BEING OFF THE OWNER'S PROPERTY.

It's important to note that, under absolute liability, it isn't necessary for the dog itself to inflict such injury or damage, but only that the injury or damage occurs as a result of the animal's being off the owner's property. If, for example, the mere presence of a dog on or near a roadway causes a vehicle operator to lose control and crash, the owner of the dog is absolutely liable for all injuries and damage.

Probably a majority of dog owners are unaware of the "absolute liability" provision of the law, or of their obligation under it. So to make it clear and simple, we'll spell it out:

  • If your dog runs in front of a train, truck, or bus, the dog is history.
    As the owner of the dog, that's your problem: In this case it's not too bad; you've already paid for the dog; you just have to dispose of whatever's left of it.

  • If your dog runs in front of a car, the dog is probably history, and there might be damage to the car.
    As the owner of the dog, that's your problem: You pay for everything.

  • If your dog runs in front of a bicycle, the dog might be killed or injured, the cyclist might be injured or killed, and the bicycle might be damaged or destroyed.
    As the owner of the dog, that's your problem: You pay for everything.*

  • If your dog merely startles or distracts a cyclist causing the bicycle to crash, the dog won't be hurt, but the cyclist might still be injured or killed, and the bicycle might still be damaged or destroyed.
    As the owner of the dog, that's your problem: You pay for everything.*

*Dog owners who are unaware of the law's absolute liability provision might also be surprised to learn that modern road bicycles may travel at speeds of 30 miles per hour or more, and that the cost of replacing one of these machines typically runs into the thousands of dollars.

It's important to understand that under Absolute Liability:

  • It doesn't matter whether your dog has had obedience training.
     

  • It doesn't matter whether your dog is aggressive or passive, or even asleep.
     

  • It doesn't matter whether or not there are animal leash laws where you live.
     

  • It doesn't matter whether your dog was restrained or confined but broke loose.
     

  • It doesn't matter whether or not your dog makes physical contact with the victim.
     

  • It doesn't matter whether or not the cyclist is wearing a helmet and operating the bicycle legally.
     

  • It doesn't matter whether your dog "is friendly," "just having fun," or "doesn't bite."

Even if this is true, there's no way for a cyclist to know this.  He must assume that what appears to be an attack is probably what it seems.  Furthermore, a nip on the ankle is a relatively minor concern; the real danger is a crash.  Sometimes it's direct: The dog runs into or in front of a bicycle.  Sometimes it's indirect: The dog causes a cyclist to lose control by startling, charging, chasing, or simply getting in the way.  In any case, the dog's owner is automatically responsible for any consequences, whether or not there's any physical contact between dog and rider.


In ALL cases where injury or damage occurs as a result of a dog's being off the owner's property,
the owner of the dog is ABSOLUTELY LIABLE for ANY AND ALL CLAIMS.

— NO QUALIFIERS, NO EXCEPTIONS, NO EXCUSES —

So here's some friendly advice: It's often said (and may well be true) that the dog is man's best friend. But if you own one or more dogs, and you live in Ohio, then for your own sake (if for no one else's), you need to ensure that:

  • EITHER there is no way for "your best friend" to get off your property and near a public road or bikeway;

  • OR ELSE you have lots and lots of liability insurance, because odds are you WILL need it someday.  And if you don't have enough to cover the costs, you may well lose your home, life savings, and any other assets.

YOUR DOG
YOUR RESPONSIBILITY
DON'T LET IT BECOME YOUR PROBLEM
 

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