Dog Bite Injury Legal Guide – Toledo Dog Bite Lawyers
Everyone loves dogs—it’s why they’re considered humanity’s best friend. But as much as we cherish them, it’s important to remember that any dog can bite under the wrong circumstances, even those with no history of aggression. At Gallon, Takacs & Boissoneault, we’ve seen firsthand how traumatic and unexpected these attacks can be, especially when children or unsuspecting victims are involved. This Dog Bite Injury Legal Guide from our Toledo dog bite lawyers provides a clear understanding of liability laws and how to protect your rights after an attack.
Our attorneys have decades of experience representing dog bite victims across Ohio, Michigan, and Indiana, and we understand how emotionally and legally complex these cases can be. From serious physical injuries to long-term emotional trauma, the impact of a bite often goes far beyond the initial wound.
In this comprehensive guide, we explain the key differences in dog bite liability laws, statutes of limitations, and wrongful death rules in each of the three states. We also explore why dog bite incidents tend to spike in summer, what to do if you or a loved one is bitten, and how to protect your rights.
Summer Spike in Dog Bite Injuries
As the temperatures rise in summer, so does the risk of dog bites. Statistics show there are significantly more dog bite incidents during the summer months compared to any other time of year. Nationwide, about 4.5 million people are bitten by dogs each year, and studies indicate the majority of these attacks occur in spring and summer. There are a few reasons for this seasonal spike:
- More outdoor activities: Warm weather means people (and pets) spend more time outside in parks, neighborhoods, and gatherings. With more interactions between dogs and strangers, the chances of bites or attacks increase.
- Children out of school: Kids are home for summer break and often playing outside. Unfortunately, children are at higher risk for dog bites – they are smaller and may not recognize warning signs of an aggressive dog. Studies show young children (especially boys under 10) are the most likely victims of serious bites.
- Heat and irritability: Dogs can become irritable or stressed in high heat. Hot, humid weather may contribute to more aggressive behavior in dogs, increasing the likelihood of bites.
- Unfamiliar visitors: Summer brings picnics, barbecues, and travel. Dogs may be exposed to unfamiliar people in their territory or disrupted routines, which can trigger defensive biting out of fear or anxiety.
Summer Safety Tip: Always supervise children around dogs, even family pets. Teach kids to be gentle and never approach unknown dogs without permission. Dog owners should keep their pets leashed in public and provide shade, water, and cool-down breaks to prevent heat-related aggression. By staying cautious during summer outings, you can reduce the risk of a traumatic dog bite injury.
Ohio Dog Bite Injury Law and Claims
Ohio has some of the most victim-friendly dog bite laws in the country. At Gallon, Takacs & Boissoneault, our attorneys have helped countless victims throughout the state recover compensation under Ohio’s clear and strict liability rules.
Strict Liability – No “One Free Bite” Rule
Under Ohio Revised Code § 955.28, dog owners, keepers, and harborers are strictly liable for any injury, death, or loss caused by their dog, even if it’s the first incident and there’s no history of aggression. This means you do not need to prove negligence or that the owner knew the dog was dangerous. In some cases, even landlords can be held liable if they allow a dangerous dog on their property.
Liability Exceptions
An owner is typically not liable if:
The victim was trespassing
The dog was provoked (teased, abused, or tormented)
The victim was committing a violent crime or felony
Statute of Limitations
Victims have six years to file a claim under the dog bite statute (ORC § 955.28). If the victim is a minor, the clock may start at age 18. For negligence-based claims, the limit is typically two years (ORC § 2305.10).
Wrongful Death
Families may file a wrongful death lawsuit within two years of the victim’s passing (ORC § 2125.02).
Filing a Claim
Always seek medical attention, report the bite to your local health department, and contact a dog bite injury attorney. Most claims involve the dog owner’s homeowner’s insurance and may include compensation for medical expenses, disfigurement, lost wages, and pain and suffering.
Michigan Dog Bite Injury Law and Claims
Michigan follows a strict liability law for dog bites, offering strong legal protections for victims. At Gallon, Takacs & Boissoneault, our attorneys help clients across Southeast Michigan—including Monroe County—navigate these claims and recover the compensation they deserve.
Strict Liability for Dog Bites
Under Michigan Compiled Laws § 287.351, dog owners are automatically liable if their dog bites someone—regardless of prior behavior—as long as the victim was lawfully on the property and did not provoke the dog. This statute applies only to actual bites, not other injuries caused by a dog.
Non-Bite Injuries and Negligence
For non-bite incidents (e.g., being knocked down by a dog), victims may pursue compensation by proving:
The owner knew the dog had dangerous tendencies, or
The owner acted negligently (e.g., failed to secure the dog properly)
Defenses
Dog owners may not be held liable if:
The victim provoked the dog
The victim was trespassing or was unlawfully on the property
Statute of Limitations
Victims have three years to file a claim under Michigan law (MCL § 600.5805). For minors, the deadline may extend until age 19.
Wrongful Death
If a dog attack is fatal, families may file a wrongful death claim within three years (MCL § 600.5805) and seek damages for funeral expenses, loss of companionship, and emotional suffering.
Filing a Claim
Seek medical care, report the bite to local animal control, document the incident, and contact an experienced Michigan dog bite lawyer. Our attorneys will help you build your case and negotiate with insurance companies for full and fair compensation.
Indiana Dog Bite Injury Law and Claims
Indiana follows a more limited liability approach than neighboring states. At Gallon, Takacs & Boissoneault, we help victims in Indiana navigate the one-bite rule and build strong legal cases based on owner negligence or prior knowledge of aggression.
The One-Bite Rule
Indiana law holds dog owners liable only if they knew or should have known that their dog had dangerous tendencies. If a dog has no history of aggression, the owner might not be held liable for the first bite unless negligence can be proven.
Strict Liability for Public Officials
Under Indiana Code § 15-20-1-3, owners are strictly liable when their dog bites someone acting in an official capacity, such as:
Postal workers
Police officers
Other government employees
Negligence-Based Claims
Victims may still recover compensation by showing that the owner:
Failed to leash or control the dog (violating local ordinances)
Ignored prior signs of aggression
Did not properly warn others or secure the dog
Defenses
Owners may avoid liability if:
The victim provoked the dog
The victim was trespassing
Comparative fault applies—compensation can be reduced or barred if the victim shares responsibility
Statute of Limitations
Victims generally have two years to file a personal injury claim (Indiana Code § 34-11-2-4). For minors, extensions may apply depending on age at the time of injury.
Wrongful Death
Families have two years to file a wrongful death lawsuit (Indiana Code § 34-23-1-1) if a dog bite leads to a fatality.
Filing a Claim
Get medical care immediately, report the incident (doctors are required to notify local authorities), and consult an experienced Indiana dog bite attorney. Success often depends on proving prior knowledge, a history of aggression, or clear negligence.
Hypothetical Case Example
Scenario: A jogger is bitten by an off-leash dog in a public park.
- Ohio: Strict liability applies. The jogger may sue and recover damages without having to prove negligence. Six-year deadline to file.
- Michigan: Strict liability also applies. The jogger can recover full compensation—a three-year deadline.
- Indiana: No automatic liability unless the owner knew the dog was dangerous. Jogger may recover by proving the owner’s negligence (e.g., violating leash laws). Two-year deadline.
Trusted Dog Bite Lawyers Near You
Dog bites are traumatic, often resulting in serious physical injuries, emotional trauma, and long-term medical costs. Whether you’re in Ohio, Michigan, or Indiana, it’s critical to understand your legal rights and take swift action. Each state has different dog bite laws, liability rules, and filing deadlines, which is why having an experienced dog bite injury lawyer on your side matters.
At Gallon, Takacs & Boissoneault, our team brings decades of experience representing dog bite victims in Toledo, Monroe, Defiance, Fremont, and surrounding communities. We’ve helped clients secure full compensation for medical bills, pain and suffering, permanent scarring, lost wages, and wrongful death damages caused by dangerous dogs. Whether you were bitten in your neighborhood or attacked by a dog in public, we know how to hold negligent owners accountable.
Injured by a dog? Don’t wait. Call us today at 419-843-6663 or reach out through our online contact form to schedule your free consultation with a trusted dog bite attorney. We proudly serve clients across Northwest Ohio, Southeast Michigan, and Northeast Indiana. Let us help you protect your rights and recover the compensation you deserve under your state’s dog bite laws.
