When a dog bite occurs, the aftermath is often chaotic. Between medical treatment, emotional distress, and insurance questions, gathering evidence might not seem like a priority. Yet in Ohio, the strength of your evidence can determine whether you receive fair compensation or face denied claims and minimized settlements. Understanding how to properly document your injury and the events surrounding it can make or break your dog bite case.
Understanding Ohio Dog Bite Laws and Why Evidence Matters
Under Ohio Revised Code §955.28(B), dog owners are held strictly liable for injuries caused by their dogs, meaning victims don’t need to prove negligence to recover damages. However, the burden still falls on the injured person to show that the bite occurred, that it caused injury, and that they were lawfully in the location where it happened. This is where clear, detailed evidence becomes essential.
In practice, this means that even though liability is strict, you must still demonstrate the link between the dog, the owner, and your injuries. Insurers will often attempt to reduce or deny your claim by questioning how the incident occurred or the extent of your damages. Comprehensive documentation provides the proof necessary to counter those arguments and secure the compensation you deserve.
Step One: Seek Immediate Medical Attention
The first and most important step after a dog bite is obtaining medical treatment. This not only protects your health but creates an official record of your injuries. Emergency room or urgent care reports, doctor’s notes, and follow-up visits serve as objective evidence of your physical condition immediately after the attack.
In Ohio, even minor dog bites can lead to infections such as rabies, MRSA, or tetanus. Medical professionals can evaluate the risk and provide treatment accordingly. Make sure to:
- Request copies of all medical records, including discharge papers and prescriptions.
- Photograph visible injuries before and after treatment.
- Keep receipts for all expenses related to your care, including medication, transportation, and therapy.
In a dog bite claim, your medical records become the foundation of your settlement demand. They establish injury severity, treatment duration, and the long-term impact on your life.
Step Two: Report the Dog Bite to Authorities
Ohio law requires that all dog bites be reported to the local health department within 24 hours. Reporting creates an official record, which helps identify whether the dog has a history of aggression and whether the animal has been vaccinated against rabies.
When filing your report:
- Contact your county health department or local animal control.
- Provide detailed information about the dog, owner, and location of the incident.
- Obtain a copy of the report or case number for your records.
These official documents are highly valuable in settlement negotiations. They confirm the event occurred and prevent the dog owner from denying responsibility later.
Step Three: Gather Physical and Photographic Evidence
Visual documentation provides undeniable proof of the incident. Immediately after the bite—if it’s safe—photograph the following:
- The dog, if identifiable, including any distinguishing features.
- Your wounds from multiple angles.
- The scene where the attack occurred.
- Torn or bloodied clothing.
As you heal, continue taking periodic photos to show the progression of scarring or disfigurement. These images can be powerful in demonstrating long-term effects that might not be apparent in medical records alone.
You should also preserve any physical items linked to the attack, such as clothing or broken accessories. Store these in sealed plastic bags and label them with the date and location of the incident.
Step Four: Collect Witness Statements
Eyewitness accounts can make a significant difference, especially when liability or the details of the attack are disputed. Obtain contact information for anyone who saw the incident occur, including neighbors, postal workers, or bystanders.
Witnesses can help verify:
- That the dog was unrestrained or acting aggressively.
- That you were not provoking the animal.
- The dog’s owner or person in control at the time.
Written or recorded statements should include the witness’s name, contact details, and a brief description of what they saw. In many cases, your Ohio dog bite attorney can follow up to secure formal affidavits or deposition testimony if needed.
Step Five: Document Communication with the Dog Owner and Insurance
Keep a written log of every conversation with the dog owner, their landlord, or insurance representatives. Include dates, times, and summaries of what was discussed. If possible, communicate in writing—emails and text messages create timestamped evidence that’s easy to reference later.
Avoid making statements that could be used against you, such as apologizing or suggesting shared blame. Remember, Ohio’s comparative negligence rule can reduce your compensation if you’re found partially responsible for provoking the dog.
Types of Evidence That Strengthen Your Ohio Dog Bite Claim
To successfully prove your case, you’ll need to present a variety of evidence types. Below is a breakdown of the most influential forms:
- Medical documentation (hospital reports, prescriptions, therapy notes)
- Photographs and videos of injuries, scars, and the dog
- Animal control or health department reports
- Eyewitness statements and contact information
- Correspondence with insurers or the dog’s owner
- Financial records of lost wages, property damage, or out-of-pocket expenses
Each piece of evidence supports a different aspect of your claim—medical proof confirms injury, reports establish the dog’s history, and financial documentation quantifies losses.
Scenario: How Documentation Impacts Settlement Outcomes
Consider this example: A Columbus resident is bitten by a neighbor’s unrestrained pit bull while jogging. She immediately reports the incident, takes photos, and receives medical care for deep puncture wounds requiring stitches. She also saves her torn leggings and obtains witness statements from two nearby homeowners.
Her attorney presents this evidence to the dog owner’s homeowner’s insurance company. The photos clearly show her injuries and the aggressive nature of the dog. The medical records demonstrate permanent scarring, while the witness statements confirm the dog was loose.
As a result, the insurer offers a settlement exceeding $80,000—covering medical bills, future scar revision surgery, and emotional distress. Without such meticulous documentation, she might have received only a fraction of that amount or faced an outright denial.
Ohio Dog Bite Settlements and Comparative Fault
While Ohio imposes strict liability, dog owners may argue comparative fault under Ohio Revised Code §2315.33, which reduces damages if the victim shares any blame. For example, if evidence suggests you ignored a “Beware of Dog” sign or provoked the animal, your award could be reduced proportionally.
This makes credible, consistent documentation even more vital. It helps establish that your behavior was reasonable and that the owner failed to control their dog.
Organizing Your Evidence for Your Dog Bite Attorney
Once you’ve gathered your records, organize them systematically so your attorney can easily evaluate the case.
Here’s one effective way to structure your evidence file:
- Medical Records – Sorted chronologically, from ER visit to final follow-up.
- Official Reports – Include the health department and animal control documentation.
- Photographs – Label with dates and short descriptions.
- Witness Statements – Attach contact information and any signed affidavits.
- Expense Documentation – Include receipts, wage statements, and therapy invoices.
A well-organized file saves time and strengthens your position during negotiations or litigation.
The Role of an Ohio Dog Bite Lawyer
Even with excellent documentation, the legal process can be complex. Insurers often use tactics to minimize payouts, such as claiming your injuries are exaggerated or unrelated. A skilled Ohio dog bite attorney can:
- Gather additional evidence such as surveillance footage or veterinary records.
- Identify all possible liable parties (e.g., dog owner, property owner, landlord).
- Handle negotiations with insurance companies.
- File a lawsuit if settlement offers are inadequate.
An attorney’s guidance ensures that every piece of your documentation is used effectively to build a persuasive claim.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you or a loved one suffered a dog bite in Ohio, you deserve more than medical bills and unanswered questions—you deserve justice and fair compensation. At Brandon J. Broderick, Attorney at Law, our Ohio dog bite attorneys have extensive experience representing victims throughout the state. We help clients gather the right evidence, communicate with insurers, and pursue maximum settlements for their injuries. From identifying liable parties to organizing critical documentation, our team handles every aspect of your case so you can focus on recovery.
Our compassionate approach and proven track record mean you never face this process alone. We’ve successfully secured settlements for victims suffering from severe bites, infections, and emotional trauma caused by negligent dog owners. Let our team protect your rights and fight for the compensation you deserve.