Toledo Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Ohio dog bite attorney fights against bill that would protect pit bull owners

Dale Emch — Tue, 05 Feb 2008 10:25:31 GMT

As a Toledo, Ohio dog bite attorney, Dale Emch has seen the extensive damage pit bulls can cause in the blink of an eye. Injuries to his clients led him to speak out against a bill that's being offered in the Ohio General Assembly that would strip pit bulls out of the state's vicious dog law.

Dale testified recently in front of the Ohio House Infrastructure, Homeland Security, and Veterans Affairs committee to oppose HB 366, which would declassify pit bulls as vicious dogs. A copy of his testimony about his Ohio dog bite victims is available online if you're interested.

Here's an excerpt of Dale's testimony:

I'm here today as an attorney who has dealt with the types of injuries pit bulls can cause in just a matter of seconds. In our Toledo law office, nine of the 23 dog bite cases we're handling involve pit bulls. That's 39 percent, which strikes me as being disproportionately high when you consider how many different breeds of dogs there are in our state. I recognize this is a such a small sampling that it is statistically meaningless in the broader context of this discussion, but it gives you at least a glimpse of what we're seeing. I'll leave it to Mr. Skeldon and his colleagues to provide the statistical information this committee needs to evaluate whether pit bulls should remain labeled as vicious dogs.
I'd like to provide you with some evidence of just how much damage these dogs can do. In the three cases I'll discuss, it's worth noting that none of the attacks were provoked, nor is there any evidence that these dogs were trained to fight or that they were owned by gang members. Something tripped their switch and they attacked.

Ohio law labels pit bulls as vicious dogs and requires that owners confine them in ways that would minimize the risk of them injuring people. It also requires pit bull owners to maintain a certain level of insurance in case their dog does cause an injury. The law is not overly burdensome and its requirements offer common sense measures designed to protect the public.

Removing the vicious dog label would restrict a valuable enforcement tool that Lucas County Dog Warden Tom Skeldon and other law enforcement officials throughout the state have to control pit bull ownership. Mr. Skeldon and a group of other concerned dog wardens and police officers are leading the charge against HB 366.

Dale urges you to contact Steve Reinard, chairman of the Infrastructure, Homeland Security, and Veterans Affairs committee, as well as other members, to voice your opposition to HB 366.

Originally posted at InjuryBoard by Dale Emch

Pit bull bites cause serious personal injury

Anneke Kurt — Thu, 27 Dec 2007 18:38:43 GMT

Recent news reports of dog attacks involving pit bulls have brought media attention to a problem that many believe has been going on for years.

In our Toledo, Ohio dog bite attorney's office, we've seen the devastating personal injuries that pit bull dog bites can cause. Our Toledo, Ohio dog bite attorneys are representing a toddler who a pit bull attacked, leaving a large scar down the middle of her forehead. Another client had a chunk of his muscle ripped from his arm after a pit bull attacked him. In both cases, the pit bull attacks resulting in dog bites were unprovoked.

Dr. Finocchio of the Rhode Island Society for the Prevention of Cruelty Against Animals believes that pit bulls are genetically predisposed to being aggressive, since they were originally bred to be fighting dogs as far back as the Roman Empire. Violent behavior is thought to be ingrained in pit bulls, resulting in dog bites. The results of this behavior are attacks on humans - especially helpless children.

Pit bull attacks and the resulting dog bites almost always cause open wounds and scarring, many times to the faces of young kids. Pit bulls have a tendency to not show any signs of aggression before they attack. Their hair does not stand on end, nor to they growl or bark prior to biting someone. The adrenaline in a pit bull does not stop during an attack. This means that a pit bull will continue to maul, even if the dog was previously familiar with the victim. Dr. Finocchio believes that although pit bulls may not always bite more frequently than other breeds, it is the viciousness of the bite that inflicts so much damage. When pit bulls bite, the power comes from their back legs, and the dog will violently shake a victim, ripping and tearing the body, unlike other breeds such as a Doberman or German shepherds, according to Dr. Finocchio.

To avoid dog bites, never touch a dog that is eating or sleeping. Call to the dog from a distance to get their attention, then have the dog come to you. Never tease or taunt an animal, and keep young children away from new dogs until it has a chance to become familiar with the child.

Originally posted at InjuryBoard by Anneke Kurt

Pit bull attack causes woman's wrongful death

Anneke Kurt — Fri, 05 Oct 2007 17:37:34 GMT

Pit bull attacks can leave a victim physically and emotionally scarred with personal injuries, or sometimes even cause wrongful death. Our Toledo, Ohio dog-bite attorneys see first-hand the dangers that pit bulls pose for families and children, even by those dogs that have never created a problem in the past and appear to be loving, household pets.

A Florida woman was recently mulled to death by her two pit bulls inside her own home, according to USA Today. The 2-year-old dogs had not been trained to fight and had been raised by the woman since their birth.

Toledo has seen its share of dog-bite injuries. A 4-year-old Toledo boy had his foot gnawed off by the family's 4-month-old pit bull puppy in February, as reported by the Toledo Blade. As a result, the mother was found guilty of recklessly creating a substantial risk of health and safety to her child and charged with failure to secure a dog. The boy, who suffers from spina bifida, is paralyzed from the waist down.

Although some pit bulls seem to be harmless, many think that the breed is predisposed to violence and aggression:

But it's also a breed that's increasingly becoming a problem due the nature of injuries they can inflict on humans, said Dr. Finocchio and Dave Holden, RISPCA director. Dr. Finocchio is convinced that pit bulls are genetically predisposed to being aggressive, since they were originally bred to be fighting dogs as far back as the Roman empire.
"The fighting gene has been ingrained in the pit bull. Man made him this way. It's our fault that we've made them this way," he said. "But how are you going to get that gene out of them?"
Mr. Holden said what scares him about pit bulls is that they give no warning before attacking -- they don't growl and their hair doesn't stand on end. In addition, their adrenaline doesn't stop, he said.
"They fight till the end," he said, showing a photo of a large Labrador retriever with a huge scar. The dog was dragged around by a much-lighter pit bull, he said. "They lived next door to each other for two years. What set him off?" Mr. Holden said.

Originally posted at InjuryBoard by Anneke Kurt

Is Ohio landlord liable for personal injury resulting from dog bite?

Anneke Kurt — Tue, 02 Oct 2007 17:46:20 GMT

As Toledo, Ohio personal injury attorneys, we see many cases involving dog bites that result in personal injury and permanent scarring. Below is Toledo, Ohio Attorney Dale Emch's Toledo Blade column "Legal Briefs," which discusses a landlord's liability in a potential pit bull attack.

Dear Dale: I recently learned that the man I rent a home to purchased a pit bull puppy. The lease allows him to have a dog and doesn't say that pit bulls aren't allowed. I want to know whether I'd be liable financially if the pit bull bit somebody and whether I can make my tenant get rid of the dog.
ANSWER: Assuming that we're talking about a single-family home that does not share any common area with other property owners, I don't think you'd be liable for a dog-bite injury caused by your tenant's dog.
Under Ohio law, the owner, keeper, or harborer of a dog is liable for any injuries or damages caused by the dog, provided the person who was injured wasn't trespassing, attempting to commit a crime, or teasing the dog.
The question is whether a landlord can be construed as a harborer. Almost all of the case law I found says that landlords are not harborers of a dog if the tenant has exclusive possession and control of the property. And, in most situations, tenants are deemed to have possession and control of rental property during the lease period.
The equation changes where rental property has a common area such as a shared yard or shared hallway. If the bite happens in a common area, a landlord might be tagged as a harborer of the injury-causing dog.
So, given the facts as you've presented them, I think you'd probably be protected from liability. But why take the chance? I can tell you that based on the dog-bite cases our personal injury office handles, we'd look hard at suing the landlord. We do this to protect our clients because sometimes it's impossible to tell what liability the landlord might have until the case plays itself out a bit. Maybe the lease doesn't give the tenant exclusive possession and control of the property, maybe the landlord lives in the home, or maybe there's a common area. The point is that if your tenant's dog bites someone, there's a good chance you could get sued and the injured person would go after your insurance policy. Even if you're immune from liability, it would still be a hassle.
Speaking of insurance, landlords who might be liable should check their policies to see what they say about tenants owning dogs. If the policy won't cover the landlord for some reason, personal assets could be at risk.
You might consider asking your tenant to get rid of the pit bull even though the lease allows him to have a dog. You should also let him know that state law categorizes pit bulls as vicious dogs, which means they have to be confined in very specific ways such as in a locked pen with a top. Your tenant also must obtain liability insurance that provides at least $100,000 of coverage in the event the dog causes an injury or death. Lucas County Dog Warden Tom Skeldon, who has seen on numerous occasions the serious injuries pit bulls can inflict, aggressively pursues charges against pit bull owners who don't comply with the law.
Given that the lease allows your tenant to have a dog, you'd probably have a tough time evicting him just because he owns a pit bull. If you really want the dog out of your property, you might consider telling the tenant you don't intend to renew the lease after it expires. Regardless, you should think about changing the language of the lease.
To me, the decision would be easy, but everyone's tolerance for risk exposure is different. I just don't see much of an upside to renting property to people who own such potentially dangerous dogs.

Dale Emch practices law at the Charles E. Boyk Law Offices, LLC, in Toledo, Ohio. In his column, he will discuss general legal principles and answer readers' questions. Neither Mr. Emch nor The Blade present or intend his column to be taken as legal advice. Readers seeking legal advice should consult with an attorney. Readers should send their questions to Mr. Emch at demch@charlesboyk-law.com or Dale Emch, 520 Madison Ave., Suite 655, Toledo, OH 43604.

Originally posted at InjuryBoard by Anneke Kurt

Five children left alone with pit bulls

Chuck Boyk — Fri, 31 Aug 2007 04:15:26 GMT

A Toledo, Ohio mother of four was charged with child endangerment on August 28th when police officers found five children home alone in a house filled with pit bulls and a loaded rifle, according to the Toledo Blade.

Alison Gilmore allegedly left the children unattended in the house the family shared with the dogs, and it was apparent that pit bull fighting had occurred on the premises. A picture window overlooked a makeshift pit in the living room, where there was dried blood, dog fighting collars and chains. Police found nine pit bulls in and around the house and garage, with one locked in a bedroom, according to WTOL Channel 11 News. The dogs had scars showing signs of fighting.

Police were warned by the children that the dog locked in the bedroom, "bites really bad." The kids ranged in age from 2 months to 9 years and have all been taken into the custody of Children Services. One child, whom Ms. Gilmore was baby-sitting, was allowed to go back to his mother.

Not only is dog fighting illegal in the state of Ohio, but it also teaches dogs to be vicious towards everything around them, including humans. According to Toledo Police Officer Barb Jackson, as reported by WTOL, "Pit bulls are basically loaded weapons."

Originally posted at InjuryBoard by Chuck Boyk

Toledo's dog-bite law ruled constitutional

Dale Emch — Thu, 02 Aug 2007 12:20:46 GMT

Toledo's dog-bite ordinance is constitutional and should not have been struck down, the Ohio Supreme Court ruled Wednesday.

Having handled numerous dog-bite cases in which a pit bull was involved, the Toledo lawyers in our office support the Court's ruling.

The decision was a major victory for Lucas County Dog Warden Tom Skeldon and people across the state who are concerned about the dangerous pit bulls create if not properly confined and handled.

The city's law requires pit bull owners to do things such as properly confine the dogs, not own more than one, and place muzzles and certain types of leashes on them when they're walked.

A local man had challenged the ordinance after he had been cited for a violation. Toledo Municipal Court Judge Francis X. Gorman ruled the law constitutional after extensive hearings. The Sixth District Court of Appeals reversed that ruling, which led to the Supreme Court's review.

The Supreme Court held that Toledo and Ohio lawmakers have the ability to regulate ownership of pit bulls as an exercise of their police powers. The Court found that Toledo's ordinance was rationally related to a legitimate governmental interest so it was constitutional.

Mr. Skeldon was the driving force behind Toledo's law and he's been a champion of stricter pit bull laws at the state level. He, better than anyone in the county, understands what a problem pit bulls present in this city and the dangers they create. The number of pit bulls his deputies have captured continues to climb each year despite aggressive enforcement of city and state laws. Other communities that have not addressed the pit bull problem are paying the price now.

At our office, we handled dog-bite cases on a frequent basis and most of them involve pit bulls. When pits bite, they grab and hold, which can cause more serious injuries. Any law that places reasonable restrictions on pit bull ownership is positive as far as we're concerned.

To read the Supreme Court's decision, click here. Read more coverage about the case in the Toledo Blade.

For more information on this subject, please refer to our section on Property Owners' Liability.

Originally posted at InjuryBoard by Dale Emch

Boy Suffers Foot Loss from Pit Bull Bite

Christina Cole — Sat, 24 Feb 2007 16:50:34 GMT

A Toledo Mother is being charged with felony child endangering after her 4-year-old son lost one of his feet when it was chewed off by the family's pit bull puppy.

The boy suffers from spina bifida and he can't feel pain in his lower extremities. The boy was being treated for the dog bite at Toledo Hospital.

The child's mother was arrested and is currently being held in Lucas County jail without bond waiting arraignment Monday. According to court records, the mother is being accused of failing to secure the pit-bull that chewed off her son's foot up to the ankle.

The Lucas County dog warden's office yesterday afternoon euthanized the puppy. Earlier in the day, the dog warden had said the animal would be quarantined for 10 days before being "humanely destroyed."
But he and other officials later decided that immediately euthanizing the dog and performing laboratory tests on its remains would more quickly determine if the animal had rabies. Results are expected next week.

Originally posted at InjuryBoard by Christina Cole

Girl Bitten by Dog Won't Need Shots

Christina Cole — Sun, 07 Jan 2007 23:44:35 GMT

A young girl that was bitten by a dog will not have to be put through a series of rabies shots.

The six-year-old was bitten at Airport Park in Colchester while she was sitting on a tire swing. The girl was hospitalized with what police call a bi gash on her back. Police began searching for the dog and the owner to verify the animal was vaccinated.

The dog owner has been identified and the police were able to verify that the dog was up-to-date on all of its shots. Police say the girl is okay and she will not have to undergo any treatment for possible rabies exposure.

Originally posted at InjuryBoard by Christina Cole

12-year-old Bit by Dog in Toledo

Christina Cole — Wed, 03 Jan 2007 07:01:42 GMT

A 12-year-old boy was bit in the face by a 90lb male pit bull yesterday in Toledo, said authorities.

Cody Hoffman was taken to the University Medical Center for stitches in his neck and cheek, said Tom Skeldon, Lucas County dog warden.

The dog was in the basement when authorities arrived and was very aggressive, so it was tranquilized before being taken to the county pound. Another pit bull at the home also was seized, Mr. Skeldon said.
Mr. Skeldon said the dogs are licensed to Susan Hoffman, who lives at the home on Walbridge and is the boy's aunt.

Originally posted at InjuryBoard by Christina Cole