The Gent's Lounge  
New
 30 Oct 04 

Dogs

While dogs are fun, loyal, and lovable, their incessant demand for attention makes them a poor match for my quietly contemplative temperament.  So although most dogs and I get along quite well during brief visits, they and I are not well suited to living together.

Most often my encounters with dogs are on the road.  Due to canines' predatory nature, this can present difficulties for all concerned: the traveler, the dog, and the dog's owner.  Unfortunately, most dog owners seem blissfully unaware of the full severity of legal risk to themselves presented by an unrestrained pet (even in areas where there are no leash laws).  Thus, for the benefit of all, some words of caution are definitely in order.

ATTENTION: OHIO DOG OWNERS

Whether they know it or not, all dog owners in Ohio (and perhaps other states) are subject to an "absolute liability" law, the gist of which is:

THE OWNER OF A DOG IS ABSOLUTELY LIABLE FOR ANY AND ALL INJURIES AND DAMAGES OCCURRING AS A DIRECT OR INDIRECT RESULT OF THE ANIMAL'S BEING OFF THE OWNER'S PROPERTY.

It is important to note that, under absolute liability, it is not necessary for the dog itself to inflict such injury or damage, but only that the injury or damage occurs as a result of the animal's being off the owner's property. If, for example, the mere presence of a dog on or near a roadway causes a vehicle operator to lose control and crash, the owner of the dog is absolutely liable for all injuries and damage.

Probably a majority of dog owners are unaware of the "absolute liability" provision of the law, or of their obligation under it. So to make it clear and simple, we'll spell it out:

  • If your dog runs in front of a train, truck, or bus, the dog is history.
    As the owner of the dog, that's your problem: But in this case it's not too bad; you just dispose of whatever's left of the dog.

  • If your dog runs in front of a car, the dog is probably history, and there might be damage to the car.
    As the owner of the dog, that's your problem: You pay for everything.

  • If your dog runs in front of a bicycle, the dog might be killed or injured, the cyclist might be injured or killed, and the bicycle might be damaged or destroyed.
    As the owner of the dog, that's your problem: You pay for everything.*

  • If your dog merely distracts a cyclist so that the bicycle crashes, the dog won't be hurt, but the cyclist might still be injured or killed, and the bicycle might still be damaged or destroyed.
    As the owner of the dog, that's your problem: You pay for everything.*

*Dog owners who are unaware of the law's absolute liability provision might also be surprised to learn that modern road bicycles may travel at speeds of 30 miles per hour or more, and that the cost of replacing one of these machines typically runs into the thousands of dollars.

It is important to understand, that under Absolute Liability:

  • It does not matter whether your dog has had obedience training.
     
  • It does not matter whether your dog "is friendly" or "doesn't bite."
     
  • It does not matter whether your dog is aggressive or passive, or even asleep.
     
  • It does not matter whether or not there are animal leash laws where you live.
     
  • It does not matter whether your dog was restrained or confined and broke loose.
     
  • It does not matter whether or not your dog makes physical contact with the victim.
     
  • It does not matter whether the cyclist is wearing a helmet and operating his or her bicycle legally.
     

In ALL cases where injury or damage occurs as a result of a dog's being off the owner's property, the owner of the dog is ABSOLUTELY LIABLE for ANY AND ALL CLAIMS.

— NO QUALIFIERS, NO EXCEPTIONS —

It is said that the dog is man's best friend. But if you happen to own one or more dogs, and you live in Ohio, then for your own sake (if for no one else's), you need to ensure that:

  • EITHER there is no way for "your best friend" to get off your property and near a public roadway;
  • OR you have lots and lots of liability insurance.

YOUR DOG
YOUR RESPONSIBILITY
YOUR PROBLEM

A word to the wise is sufficient...
...but some dog-owners need a little more convincing.

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