Posted: May 20, 2011
In todays Enquirer there was a report of two pit pulls attacking an 11 year old. The dogs , running loose attempted to run into the child's home. He ran to his grandfather who save him but the dogs got away. This child will not be abe to bring any claim for his injuries unlesss the dog's owner , harboror or keeper have been identified.
The Hamilton county sherrif is asking anyone with knowledge to call them at 513-825-1500.
When pit bulls or dangerous breeds attack their can be criminal as well as civil liability.
The three most important things to do if you are bitten are:
1. Call the police
2 Call the health department
3. Get medical attention.
The law places resposibility for a dog bite or injury on the owner, the keeper and/or the harborer. The owner is obvous is to what that is , although determining they owner may not always be easy. The harborer is one who allows the dog to stay where they live. the keeper is the one in charge of the dog at the time.
In Ohio, the terms owner, keeper, and harborer, as used in R.C. 955.28, have been defined by case law. An owner is the person to whom the dog belongs. Garrard v. McComas . The keeper has physical charge or care of the dog. Johnson v. Allonas (1996),.
In determining whether a person is a harborer of the dog, the focus has been said to shift from possession and control of the dog to possession and control of the premises where the dog lives. Godsey v. Franz (Mar. 13 1992),. A harborer is one who "has possession and control of the premises where the dog lives, and silently acquiesces to the dog's presence." Khamis, at 226, citing Flint v. Holbrook (1992, 25. "'Acquiescence' is essential to 'harborship' and requires some intent." Thompson v. Irwin
Potentially a landlord could be liable if he permitted dogs in his building and the bite occured in a common area. The other issue is finding insurance coverage. This will usually be found in a homeowner's or renter's policy.
For more information or help go to Cincinnati dog bite lawyer
