Toledo Personal Injury Lawyer - dog bite injury

Ohio dog bite lawyers | Ohio dog bite injuries addressed by Ohio attorney Dale Emch

Chuck Boyk — Mon, 05 Jan 2009 16:24:00 GMT

Ohio dog bite lawyer Dale Emch discusses the flip side to dog bite injuries in his most recent Legal Briefs column. If you have a general legal question you would like to see addressed, including those on Ohio car accident settlements, Ohio work injury payments, or medical malpractice, contact Dale today at demch@charlesboyk-law.com.

I heard that a dog's owner isn't responsible for a dog bite if the person bitten was trespassing. So, if I was throwing the football around with my son in my backyard and the ball went into my neighbor's yard, would my neighbor be responsible if his dog bit me when I crossed into his yard to pick up the football?

Let me give you some of the basics about Ohio dog bite law before I zero in on your question. Under Ohio law, the owner, keeper, or harborer of a dog is liable for any injuries caused by the dog. It's a very strict rule that can have some harsh results. For instance, if my dog, Simon, ran out in front of a car, causing the driver to swerve off the road and hit a tree, I'd be responsible for the driver's injuries. And that would be true even if a friend was walking Simon for me and he got away when I wasn't in town. The law imposes strict duties on dog owners, including those who have dogs as headstrong as Simon.

Given the number of dog-bite cases our law office handles, I understand why the law has developed in this way. I've represented children who have been scarred for life and adults whose dog-bite injuries have caused them to be hospitalized for days. It would be little solace to those people if the owners could escape liability by saying, "Gee, our dog has never bitten anyone before, so we had no idea this would happen." There's no such thing as a free bite in the civil arena under Ohio law.

That said, people owning or keeping dogs do have certain defenses. Under the law, it's a defense if the person who was injured was committing or attempting to commit a criminal trespass, committing or attempting to commit any criminal offense other than a minor misdemeanor, or was teasing, tormenting, or abusing the dog. So, the law includes some common-sense protections for dog owners or keepers in limited circumstances.

The key to your question is whether your neighbor would have a defense because you were considered a trespasser. The Ohio General Assembly amended the law this year to change the defense of trespass to criminal trespass. That could be significant, and I expect the change will be the source of some legal wrangling over the next few years. Prior to the change in the law, a number of courts ruled that the trespass defense was available to dog owners whether the trespass was civil or criminal.

It sounds like a small thing, but it could be crucial in a lot of cases. The distinction lies in the difference between a criminal and civil trespass. Boiled down, someone commits a criminal trespass when they knowingly enter the land or premises of another - without privilege to do so - or remain on the land or premises after receiving notice in some form that they're on someone else's property. While there's more to the criminal code section dealing with trespass, that's the general gist.

For the purposes of a civil trespass, on the other hand, it doesn't matter whether the trespasser knew or received notice he was trespassing.

So, let's look at the distinction using the framework of your question. Let's say you had to jump a fence to get into your neighbor's backyard to retrieve the football. It would be hard to say that you didn't commit a criminal trespass because you knowingly entered your neighbor's property.

Let's look at a different scenario. Let's say you were playing football on someone else's property and you had no idea where the property line was. If you inadvertently crossed the property line and the property owner's dog bit you, I would argue that you hadn't committed a criminal trespass and the dog owner would be liable. Under the old version of the law, it didn't matter whether you knew where the boundary line was for the purposes of a civil trespass. If you were bitten on someone else's property and you had no privilege to be there, you were out of luck, at least for purposes of pursuing your claim under the state statute.

As an aside, the concept of privilege is important here. For instance, a letter carrier has the right to enter your property to deliver mail. So the trespass defense wouldn't apply. Or, in your scenario, if your neighbor had seen the ball go over the fence and waved you over to come get it, you wouldn't be a trespasser.

Originally posted at InjuryBoard by Chuck Boyk

Ohio dog bite attorney gets high review on dog bite website

Chuck Boyk — Wed, 24 Sep 2008 07:56:00 GMT

Toledo, Ohio dog bite attorney Dale Emch and his Toledo op-ed piece on Lucas County Dog Warden Tom Skeldon were mentioned in a dog bite injury website based in Seattle, Washington, with high reviews.

DogsBite.org stated in their August 23, 2008 post:

"Dale Emch is a Toledo-based attorney. He also writes The Blade's Legal Briefs column and previously worked as a reported and editor at The Blade. Emch recently wrote a piece that supports Skeldon. It is exceptional. Emch nails the true gunners after Skeldon too: 'pit-bull fans who make money by fighting or breeding the dogs.'"

If you or someone you know has suffered personal injury from a dog bite, you need information. The Ohio Dog Bite Book, written by Toledo, Ohio dog bite attorneys Chuck Boyk, Dale Emch, and Mike Bruno, focuses on what do immediately after a dog bite, as well as how to handle the insurance companies.

Some of the tips provided in The Ohio Dog Bite Book include: take photos of the injury as soon as possible, notify the local authorities and dog warden, and do not give any information to the insurance company before consulting an attorney.

To order your FREE copy of The Ohio Dog Bite Book, contact our office.

Originally posted at InjuryBoard by Chuck Boyk

MSN Money reports the high cost of dog bite injuries

Chuck Boyk — Fri, 12 Sep 2008 22:49:00 GMT

The Centers for Disease Control and prevention report that nearly 4.7 million people suffer dog bites annually, with over one million of those bites requiring medical treatment.

Our Toledo, Ohio dog bite attorneys co-counsel with nationally renowned dog bite attorney Attorney Kenneth Phillips on a dog bite case that our office is currently handling. Our attorneys understand the seriousness of dog bites and their resulting injuries, as well as the method that insurance companies use to settle a dog bite claim as cheaply as possible.

A recent article by MSN Money reported that according to the Insurance Information Institute, the average cost of a dog bite claim was $24,511 in 2007. Emergency room treatment, follow-up appointments with family physicians, and plastic surgery are almost always needed to treat dog bite injuries.

Attorney Phillips sees on a regular basis the devastation that dog bite injuries cause. The Los Angeles attorney pointed out to MSN Money that dogs killed 32 people last year, and many times there was something that the owner could have done to prevent it.

“I always see something in the dogs history that was a warning sign,” Attorney Phillips said, referring to the dog bite cases he handles. “Either the dog owner does something that created the circumstances that led to the attack, or plenty of evidence of viciousness was presented to the owner and they’ve chosen not to see it.”

Our Toledo, Ohio dog bite attorneys co-counsel with Attorney Phillips on a dog bite case that our office is currently handling. Our attorneys understand the seriousness of dog bites and their resulting injuries, as well as the method that insurance companies use to settle a dog bite claim as cheaply as possible.

If you or someone you know has been injured by a dog bite, you need information. Learn your rights, as well as the secrets that the insurance company does not want you to know, by ordering our free Ohio Dog Bite Book. Contact our office today to order your free copy.

Originally posted at InjuryBoard by Chuck Boyk

Dog bite injury compensation has increased from last year

Chuck Boyk — Tue, 01 Jul 2008 10:09:00 GMT

The number of dog bite injuries in the United States decreased by 0.9 percent in the year 2007, according to a recent report by the Associated Press. However, the amount of money awarded to dog bite injury victims for their injuries rose by 11.5 percent, bringing the national average to $24,511 per dog bite injury claim. According to CNN Money, one in every three homeowner insurance claims involves a dog bite injury.

A flight attendant on a private jet is seeking $5 million in compensation after a dog belonging to Jennifer Lopez bit the attendant’s pant leg, causing her to fall and injure her back. J.Lo had the German shepherd on the plane as a guard dog.

Dog bites can cause serious physical and emotional damage, especially if the dog bite injury victim is a child. In the United States, more than 60 percent of those suffering dog bite injuries are kids, according to Consumer Affairs.

Our Toledo, Ohio dog bite attorneys have seen the devastating effects that dog bite injuries can have on a person, including open wounds, permanent scarring, the need for plastic surgery, and emotional distress. We have handled hundreds of dog bite injury cases, and know how to avoid insurance company traps. If you or someone you love has suffered a dog bite injury, we urge you to learn your rights by ordering our FREE Ohio Dog Bite Book by calling our office. You can also speak to an attorney free of charge, 24 hours a day, seven days a week.

Originally posted at InjuryBoard by Chuck Boyk