Ohio Dog Bite Law

How dog bite liability works in Ohio

Ohio's dog liability statute goes back to 1900, when the General Assembly made owners and harborers of a dog that "chases, worries, injures, or kills" a person or animal liable for the full injury². Today's R.C. 955.28(B) is broader than most strict-liability laws. It covers any injury the dog causes, not only bites, so a cyclist knocked down by a loose dog or a jogger chased into a fall can use it¹. It reaches three kinds of defendant: the owner, the keeper (the person with physical charge of the dog) and the harborer¹.

The statutory claim needs only three things: that the defendant owned, kept or harbored the dog, that the dog's conduct caused the injury, and the amount of damages². The dog's past behavior is irrelevant. The statute's only exceptions cover someone who was trespassing or committing another crime on the dog owner's property, committing a crime against a person, or teasing, tormenting or abusing the dog on that property¹. The Supreme Court of Ohio reads that list strictly and has refused to add assumption of the risk to it³.

Two things set Ohio apart. First, the statute and the common law run side by side: since Beckett v. Warren (2010) a plaintiff can plead both in one lawsuit, and only the common-law claim, which requires proof that the defendant knew the dog was vicious, can carry punitive damages². Second, in L.H. v. Sun Secured Financing (June 2026) the court held that to "harbor" a dog a person must shelter, protect or exercise control over it, which ended a long line of appellate cases holding landlords liable for tenants' dogs in common areas⁴.

Owners also face a criminal code rewritten by Avery's Law (H.B. 247), in force since March 20, 2026, which ties penalties and euthanasia to a dog's first serious attack rather than to a prior designation¹⁷²³. Compare neighboring Pennsylvania and Michigan, or see the strict liability dog bite states table.

The Ohio dog bite statute

The owner, keeper or harborer of a dog is liable in damages for any injury, death or loss to person or property that the dog causes¹. There is no liability to someone who, at the time, was committing or attempting criminal trespass or another crime (other than a minor misdemeanor) on the owner's, keeper's or harborer's property, committing or attempting a crime against any person, or teasing, tormenting or abusing the dog on that property¹. A door-to-door salesperson or solicitor on the property is covered whether or not they held a local solicitation permit, as long as they were not committing a crime or teasing the dog¹.

• Law: Ohio Rev. Code § 955.28(B) (Liability for damage or injury caused by a dog), enacted 1900; last changed 2008: H.B. 71 (127th General Assembly), the version in force in October 2026
• Injuries covered: Any injury the dog causes (bites, knock-downs, chases)
• Where: Anywhere
• Who is liable: The owner, or a keeper or harborer
• Damages: All damages, under the ordinary rules

Other ways to prove liability

The statute did not replace the common law. Under Beckett v. Warren, 124 Ohio St. 3d 256, 2010-Ohio-4, a plaintiff may bring the R.C. 955.28 claim and a common-law claim in the same case². The common-law claim requires proof that the defendant owned or harbored the dog, that the dog was vicious, that the defendant knew it, and that the dog was kept negligently after that². It matters in two situations: when the statute does not reach the defendant (a keeper suing, or a landlord who did not harbor the dog) and when the plaintiff seeks punitive damages, which the statutory claim cannot carry²⁴. Ordinary negligence theories, such as letting a dog roam in breach of the statewide confinement rule in R.C. 955.21, also sit alongside the statute²⁰.

Defenses owners raise

Trespassing

A person committing or attempting criminal trespass, or another offense above a minor misdemeanor, on the property of the owner, keeper or harborer cannot recover under the statute¹. Trespass elsewhere, such as on a neighbor's lawn, is not an exception.

Committing a crime

The statute also bars a person who was committing or attempting a criminal offense, other than a minor misdemeanor, against any person, wherever it happened¹.

Provocation

Teasing, tormenting or abusing the dog defeats the statutory claim only if it happened on the owner's, keeper's or harborer's property¹. In Pulley v. Malek, 25 Ohio St. 3d 95 (1986), the Supreme Court of Ohio held that the owner does not have to prove the person acted maliciously; tormenting conduct is enough³.

Assumption of risk

Assumption of the risk is not a defense to a claim under R.C. 955.28. Pulley v. Malek held that only the exceptions written into the statute can defeat it³.

Other defense

A person who was the dog's keeper when bitten, such as a pet sitter or someone actively caring for the dog, cannot sue the owner under the statute. Purcell v. Stemen, 2023-Ohio-4086 (3d Dist.), applied this rule to a woman caring for the defendants' dog⁵. A negligence claim may remain.

Shared fault

Modified comparative fault (barred at 51%) (Ohio Rev. Code § 2315.33).

In a tort action, a plaintiff's own fault reduces the award by their percentage and bars recovery only if it is greater than the combined fault of everyone else, so a plaintiff 50% at fault still recovers half¹⁰. How this applies to the strict-liability claim is unsettled. The Supreme Court of Ohio has held that only the statute's listed exceptions defeat an R.C. 955.28 claim and has not decided whether a bitten person's carelessness can reduce a statutory award³. Conduct such as teasing the dog on the owner's property is handled by the statute itself and bars the claim outright¹.

How the five fault systems compare: provocation, trespass and shared fault.

Ohio dog bite statute of limitations

2 years (Ohio Rev. Code § 2305.10(A))

An action for bodily injury or for injury to personal property, such as a pet killed by another dog, must be brought within two years after the injury occurs⁶. A claim against a city, county or other political subdivision also has a two-year limit under R.C. 2744.04, which does not add a separate notice-of-claim step⁹. Some lawyers argue that the six-year period for a "liability created by statute" in R.C. 2305.07(B) applies to a strict-liability claim under § 955.28. We found no Ohio appellate decision adopting that view, so two years from the bite is the safe deadline.

Children. If the bitten person was under 18, the two years start on their 18th birthday, so the child has until age 20 to sue⁷⁸. The same tolling applies to claims against political subdivisions⁹.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

The statutory claim pays compensatory damages: medical bills, lost wages, pain and suffering, scarring and other losses caused by the dog¹². Ohio caps noneconomic damages in tort actions at the greater of $250,000 or three times economic loss, up to $350,000 per plaintiff and $500,000 per occurrence, but the cap does not apply to permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system¹¹. Punitive damages are not available under R.C. 955.28; they require the common-law claim, proof of malice, and are limited to twice the compensatory award²¹².

Landlords and property owners

For decades Ohio's courts of appeals treated a landlord who controlled a common area and let tenants' dogs use it as a harborer, strictly liable for bites there; the Second District applied that rule to a child bitten on a manufactured-home community's playground in Hipshire v. Oakwood Village, 2024-Ohio-5948²⁹. The Supreme Court of Ohio reversed on June 17, 2026. In L.H. v. Sun Secured Financing, L.L.C., Slip Opinion No. 2026-Ohio-2219, it held that harboring a dog means sheltering, protecting or exercising control over it, and that allowing leashed dogs in common areas is not enough⁴. A landlord who did not control the dog now answers, if at all, under common-law negligence, which requires knowledge that the dog was dangerous².

Insurance

No Ohio statute limits the use of dog breed by homeowners or renters insurers. Since March 20, 2026, every owner of a designated dangerous or vicious dog must carry liability insurance of at least $100,000 per occurrence and show proof on request¹⁹²³.

Ohio ranked #4 in the United States for dog-related homeowners insurance claims in 2025: 1,348 claims with an average cost of $41,413 (national average $65,450), according to the Insurance Information Institute and State Farm. These are insurer payouts, not court awards.

More on coverage, breed exclusions and renters policies: dog bite insurance.

The 2026 harborer ruling: L.H. v. Sun Secured Financing

In October 2020 a boy was bitten on the head at the playground of Oakwood Village, a manufactured-home community in Montgomery County, by a resident's leashed dog; the wound took more than 50 stitches²⁹. His mother sued the community's owner as a harborer. The Second District agreed and ordered judgment for the boy, following decades of appellate cases holding that a person who controls the premises and acquiesces in a dog's presence harbors it²⁹.

The Supreme Court of Ohio reversed 5-2 on June 17, 2026. Chief Justice Kennedy wrote that "to harbor a dog under R.C. 955.28(B), one must shelter, protect, or exercise control over it", and that a community owner who allows dogs in homes and leashed dogs in common areas is not, by itself, a harborer⁴. The dissent warned that the ruling upends decades of precedent⁴. The decision moves the question from who controls the place to who controls the dog. People bitten in apartment hallways, parks run by associations, or rental yards must now show that the property owner took charge of the dog itself, or bring a negligence claim instead. See landlord liability for dog bites.

Bite reports and quarantine

Since March 20, 2026, a health care provider or veterinarian who learns of a dog bite or attack injury must report it within 24 hours to the health commissioner of the district where it happened; the bitten person may report it too¹³. The Department of Health rule also lists the bitten person among those who report¹⁴. The owner of a designated dangerous or vicious dog must tell the dog warden immediately if the dog bites someone¹⁹.

A dog that bites a person is quarantined for ten days, or longer if the local board of health decides more time is needed¹⁵. The health commissioner orders the quarantine; the owner can usually keep the dog at home, or it can be held at a pound, shelter or kennel, under the commissioner's supervision and at the owner's expense¹⁶. The dog cannot be released until it has a current rabies vaccination, and during quarantine it cannot be taken out of the county, transferred (except to the dog warden or animal control) or killed, except to stop an attack or because it is sick or badly hurt¹⁵¹⁶.

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on Ohio dangerous dog law.

Questions about Ohio dog bite law

Is Ohio a one-bite state?

No. R.C. 955.28(B) makes the owner, keeper or harborer liable for injuries the dog causes even if it never showed aggression before¹. The old knowledge-based rule survives only as a separate common-law claim, which is needed for punitive damages². See the one-bite rule.

Does Ohio's dog law cover injuries that are not bites?

Yes. The statute covers "any injury, death, or loss to person or property that is caused by the dog"¹. A person knocked down, scratched or chased into a fall can use it, and so can the owner of a pet or livestock the dog injures or kills¹.

My dog bit someone in Ohio. Will it be put down?

Not automatically. The dog first serves a ten-day rabies quarantine, usually at home¹⁶. A court must order euthanasia only if the dog killed someone or caused a grave, lasting injury; for other attacks it is up to the court after a hearing¹⁸. See my dog bit someone.

Can I sue a dog sitter or someone walking the dog?

Yes. A keeper, meaning a person with physical charge or care of the dog, is liable under the statute just as the owner is¹⁵. A sitter who is bitten while caring for the dog, however, cannot sue the owner under the statute⁵.

What if a dog attacks my dog in Ohio?

The owner, keeper or harborer of the attacking dog is liable for the loss, because the statute covers loss to property, and a pet is property¹. The claim must be filed within two years⁶. An unprovoked killing of another dog is also a dangerous dog act that can lead to designation¹⁷. See dog attacked my dog.

Official contacts

Sources

1. Ohio Revised Code § 955.28, Ohio Legislative Service Commission. Checked 17 October 2026.
2. Beckett v. Warren, 124 Ohio St.3d 256, 2010-Ohio-4, Supreme Court of Ohio. Checked 17 October 2026.
3. Pulley v. Malek, 25 Ohio St.3d 95 (1986), CourtListener. Checked 17 October 2026.
4. L.H. v. Sun Secured Financing, L.L.C., Slip Opinion No. 2026-Ohio-2219, Supreme Court of Ohio. Checked 17 October 2026.
5. Purcell v. Stemen, 2023-Ohio-4086 (3d Dist.), Supreme Court of Ohio. Checked 17 October 2026.
6. Ohio Revised Code § 2305.10, Ohio Legislative Service Commission. Checked 17 October 2026.
7. Ohio Revised Code § 2305.16, Ohio Legislative Service Commission. Checked 17 October 2026.
8. Ohio Revised Code § 3109.01 (age of majority), Ohio Legislative Service Commission. Checked 17 October 2026.
9. Ohio Revised Code § 2744.04, Ohio Legislative Service Commission. Checked 17 October 2026.
10. Ohio Revised Code § 2315.33, Ohio Legislative Service Commission. Checked 17 October 2026.
11. Ohio Revised Code § 2315.18, Ohio Legislative Service Commission. Checked 17 October 2026.
12. Ohio Revised Code § 2315.21, Ohio Legislative Service Commission. Checked 17 October 2026.
13. Ohio Revised Code § 955.61, Ohio Legislative Service Commission. Checked 17 October 2026.
14. Ohio Administrative Code 3701-3-28, Ohio Legislative Service Commission. Checked 17 October 2026.
15. Ohio Revised Code § 955.261, Ohio Legislative Service Commission. Checked 17 October 2026.
16. Ohio Administrative Code 3701-3-29, Ohio Legislative Service Commission. Checked 17 October 2026.
17. Ohio Revised Code § 955.22, Ohio Legislative Service Commission. Checked 17 October 2026.
18. Ohio Revised Code § 955.23, Ohio Legislative Service Commission. Checked 17 October 2026.
19. Ohio Revised Code § 955.24, Ohio Legislative Service Commission. Checked 17 October 2026.
20. Ohio Revised Code § 955.21, Ohio Legislative Service Commission. Checked 17 October 2026.
21. Ohio Revised Code § 955.02, Ohio Legislative Service Commission. Checked 17 October 2026.
22. Ohio Revised Code § 955.11, Ohio Legislative Service Commission. Checked 17 October 2026.
23. Final Analysis, Am. Sub. H.B. 247 (136th General Assembly), Avery's Law, Ohio Legislative Service Commission. Checked 17 October 2026.
24. Toledo v. Tellings, 114 Ohio St.3d 278, 2007-Ohio-3724, Supreme Court of Ohio. Checked 17 October 2026.
25. Ohio Revised Code § 955.10, Ohio Legislative Service Commission. Checked 17 October 2026.
26. Ohio Revised Code § 955.11 (version effective May 22, 2012), Ohio Legislative Service Commission. Checked 17 October 2026.
27. Rabies and Animal Bites, Ohio Department of Health. Checked 17 October 2026.
28. Ohio Revised Code § 955.54, Ohio Legislative Service Commission. Checked 17 October 2026.
29. Hipshire v. Oakwood Village, 2024-Ohio-5948 (2d Dist.), Supreme Court of Ohio. Checked 17 October 2026.
30. Ohio Revised Code §§ 2929.24 and 2929.14 (jail and prison terms), Ohio Legislative Service Commission. Checked 17 October 2026.