In dog bite cases, victims generally have six years to file suit. For children, it’s six years from the point they turn 18 years old. Though this window is longer than the two years available to car accident victims, it’s still an important deadline to keep in mind.

I wrote about this issue in Legal Briefs, my Toledo Blade newspaper column. If you have any questions about the issue, feel free to contact me.

The incident, which happened in Bairdstown, shows just how fast serious injuries can happened with dog bites, as well as the shame of the dog’s death. Rodney Cook, the Wood County dog warden, said the dog looked like an English bulldog-pit bull mix, according to the Blade’s story. He speculated that someone may have abandoned the dog.

If the dog was abandoned, it was both a cruel and dangerous act. It’s fortunate that Mr. Rock was home and was able to protect his family. Having seen the impact of these types of incidents on dog-bite victims, I just hope the 8-year-old’s injuries are not too serious.

It may not seem fair, but Ohio has adopted a strict liability law that makes owners, keepers, and harborers responsible for injuries and property damages caused by their dogs.

While there are a few exceptions, such as when the injured person was bitten while teasing the dog or criminally trespassing, for the most part the dog owner will be held liable. For more information, order a free copy of The Ohio Dog Bite Book, which I co-authored with the attorneys at The Charles E. Boyk Law Offices, LLC.

As an attorney who handles dog bite cases, I recognize how important this extra time can be, especially for children. Sometimes it takes a number of years before a child’s scars can be fully treated by a plastic surgeon. Having a longer statute of limitations can work to the child’s advantage in cases like these.

My colleagues and I wrote about the limitations period for dog bite cases in The Ohio Dog Bite Book, which you can order for free by calling the phone number listed above or by clicking here. The text on this issue follows immediately below.

DOG-BITE VICTIMS HAVE 6 YEARS TO FILE LAWSUIT

            In any injury case, the victim has a limited timeframe in which to file a lawsuit or the claim will be lost forever. Dog-bite cases are no different, but the timeframe is longer. A dog-bite victim has six years from the date of the bite to bring a lawsuit, as opposed to the two-year period people have if they’ve been injured in a traffic accident. This period is called the statute of limitations.

            This extended period to bring a claim allows people a better opportunity to fully recover before they must bring a lawsuit. Dog-bite injuries often take a long time to resolve, particularly if scar-revision surgery becomes necessary.

            Children have an even longer period in which to file a lawsuit in a dog-bite case. A child who is bitten by a dog has six years past the age of majority to bring a claim, which means six years past their 18^th birthday. The extended period works to the advantage of a child who was bitten by a dog. Child victims of dog bites often are left with scars on their faces or necks. Because they’re still growing, they sometimes have to go through a number of surgeries over a period of years to repair their scars.

The quick answer is yes. In Ohio, dog owners generally are responsible for all injuries to people and property caused by their dogs.

Below, I’ve listed the text from my bi-monthly column that appears in the Toledo Blade.

Dear Dale: My neighbors’ three dogs attacked and killed my pomeranian-pekingese mix that I’ve had for 14 years. The dogs came over to my yard to attack my dog. My neighbors haven’t contacted me since it happened and I’m not sure what I can do. Is it possible to sue them?

Answer: First of all, I’m sorry about your dog. I know what a tremendous loss that must be for you, and it’s probably a lot tougher because of the violent nature of the death.

In terms of what you can do legally, you can file a lawsuit, but it’s probably not worth it to hire a lawyer. People often talk about suing without realizing that it can be an expensive, time-consuming, frustrating, and emotional process. It usually should be your last resort.

When I speak about whether it’s “worth it,” I mean that literally. Though dogs are like one of the family to most of us, under the law they’re considered property. So, while your heart may ache, you aren’t going to receive any compensation for that suffering. You’re entitled to the value of the dog, which would have to be shown through evidence such as an expert’s opinion or a purchase receipt, along with any vet bills for treatment your dog received before she died. From a legal perspective, your damages are figured the same way they would be for the loss of any personal property such as a car, bicycle, or television.

Unless you have a very valuable dog, your legal expenses would probably outweigh any recovery you might get.

Don’t get me wrong, though. Just because it might not be worth your time and energy to pursue a lawsuit, you’re on firm legal footing. Under Ohio law, dog owners or keepers are responsible for injuries and damages their dogs cause. So, when a client comes to our office with a dog-bite claim, the only question from a liability perspective is whether that person was trespassing, committing a criminal act, or was teasing or tormenting the dog. The same would be true in your situation. Your dog was on your property at the time of the attack, so your neighbors should be liable.

Rather than thinking lawsuit first, I’d consider calling or writing your neighbors. You might find that they’ll be willing to do the right thing since their dogs came onto your property. I’d let them know that you expect to be compensated for your losses and provide them with some documentation to justify the dollar amount you’re seeking. If that doesn’t work, you still have the option of small claims court. You could keep your costs low if you don’t have to hire a lawyer.

Dale Emch practices law at the Charles E. Boyk Law Offices, LLC, in Toledo. In his column, he will discuss general legal principles and answer readers’ questions. Neither Mr. Emch nor The Blade present or intend his column to be taken as legal advice. Readers seeking legal advice should consult with an attorney. Readers should send their questions to Mr. Emch at demch@charlesboyk-law.com or Dale Emch, 405 Madison Ave., Suite 1200, Toledo, OH 43604. His blog is at www.toledocaraccidentlawyerblog.com

Don’t provide a statement to the adjuster.

If an insurance adjuster contacts you, don’t make any statements about your Toledo dog bite case, your physical condition, and whether you’re being treating by a doctor. The adjuster may be recording your conversation and certainly will be taking notes. Any statements you make about your injuries could come back to haunt you. Simply thank the adjuster for calling, tell her that you don’t want to make any statements, and that you don’t want her to call back. Tell the adjuster you’ll initiate a conversation when you’re ready. You don’t have to be rude, but you need to be firm. The adjuster can’t make you talk.

It’s a foreign concept to most people, but you have to view your injury case with the idea that it could go to trial. Most cases don’t, but you don’t want to hinder your negotiating strength by making a statement to an adjuster that can be misconstrued or twisted. The concern about making a statement is that you may not know the extent of your injuries right after you’ve been bitten. It’s not uncommon for people to receive more medical treatment than they initially thought was necessary, especially if the bite becomes infected or if plastic surgery is required.

One way to avoid awkward conversations with an adjuster or making statements that could hurt your case is to contact a lawyer to represent you. Your lawyer will stop the adjuster from having any further contact with you.

Don’t underestimate the insurance adjusters who contact you.

This tip goes back to what we discussed in the introduction. Insurance adjusters handle claims for a living. They’re judged by their bosses by how they settle claims and how much money they save for the company. This doesn’t make them bad people; they’re just doing their jobs and looking out for the best interests of their employers. It’s up to you and your lawyer to look out for your interests.

It’s no shock that insurance companies often own the tallest skyscrapers in a city. They have powerful lobbies throughout the country and, along with other business interests, have done their best to get legislation passed that makes it hard for dog-bite victims to be fairly compensated. They’ve gotten rich by collecting as much money as possible from all of us while trying to avoid making fair settlements with people suffering from dog bites.

So, when an adjuster representing the person who owned or kept the dog gives you a call, keep in mind where their loyalties lie. They’ll likely be extremely pleasant, but they have one goal: to settle your claim as cheaply as possible. They do this for a living, all day and every day. Because this is probably the first time you’ve been seriously injured by a dog bite, you are at an obvious disadvantage. Be smart when you’re dealing with them – or better yet, hire a lawyer who deals with insurance companies on a daily basis. After all, the insurance companies have professionals working for them, so you should too.