Dog Bite Injury Lawsuit Breaks New Ground in Appeals Court
A recent dog bite injury lawsuit in Ohio was appealed after a finding that the victim’s damages were insufficiently determined. The initial dog bite lawsuit was filed in July 2006 for personal injuries stemming from a dog attack. Here, a young boy sustained severe injuries after a Rottweiler/ Shar-pei mix dog bit the boy on the head. He was rushed to the hospital for medical treatment.
The dog bite complaint filed by the minor boy and his mother set forth two negligence causes of action and one cause of action for strict liability. Ohio has a statute regulating dog bite incidents. The Ohio statute says the owner or keeper of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury is provoked.
The boy and his mother were directed by the court to either choose to file under the statutory, strict liability, or under common law negligence. However, by filing a statutory claim the plaintiffs would lose out on the possibility of recovering punitive damages under the negligence actions for evidence of prior attacks and bites by the dog.
The woman ultimately filed under the strict liability statutory claim because it would be guaranteed that she would be compensated for dog bite injuries sustained by her child. However, the compensation amounts were allegedly not enough to cover all of the damages sustained. Thus, an appeal was filed for the dog attack, alleging that the court should not have required the plaintiff to choose between the statutory claim and the negligence action because the negligence action would allow for punitive damages.
The court found that although it is more difficult for the jury to determine two very similar issues relating to the same incident, when a plaintiff has two valid causes of action they should be able to pursue both simultaneously. The case was reversed and remanded so the plaintiff could be heard on both claims and be awarded damages accordingly.
This issue had never come up in Ohio before, so other jurisdictions were used to persuade the court on how to act in this instance. The dog bite attorney in this case was able to show the injustice that would be served by treating the issues separately because of the victim’s loss of just compensation for injuries sustained.
Legal assistance will be your most important asset in a dog bite injury claim. By choosing an experienced dog bite lawyer, you are putting yourself in the best position possible to win your lawsuit.
As a partner and personal injury attorney at the Page//Cagle Law Firm, I have aggressively and successfully handled Missouri dog attack cases for dog bite victims. I am more than willing to discuss your case with you to evaluate your situation and determine the legal route best suited for your needs. The consultation is free; you pay nothing unless you recover.
To reach the dog bite attorneys at Page//Cagle, call 314.322.8515 or toll free at 1.800.500.INJURY (4658).
If you don’t want to call or you can't call, you can email me at john@pagecagle.com. You can also visit www.dogbiteclaim.com for more information.
