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:
-
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