Clark, Perdue, Arnold & Scott's Blog

In Ohio, dog bite victims have rights! With only one exception, Ohio law imposes "strict liability" upon the owners or keepers of dogs that cause harm. Strict liability is a legal term that means the victim does not have to prove that the dog owner was negligent. The statute can be found at Ohio Revised Code Section 955.28. It provides that an owner, or keeper of a dog will be liable for any injury, death or loss to a person or property caused by such dog, unless the victim was either committing or attempting to commit a trespass or other crime, or was teasing, tormenting or abusing such dog on the property of its owner.

When two or more persons own or harbor a dog, all are jointly liable for the damages it causes. Thus, Ohio courts long ago confirmed that one who harbors, but does not actually own the dog, may nevertheless be held jointly liable along with the owner. Sawrey v. Grant, 31 Ohio App. 14 (1928); Rosenblatt v. Bosse, 50 Ohio App. 449 (1934).

While "punitive damages" are not available under the statute, they may be recovered under a common law negligence claim. To recover punitive damages, one must show that the owner of a dog knew of its vicious nature, but kept it anyway, notwithstanding such knowledge. In the majority of cases where punitive damages have been awarded, the evidence indicated that even though the owner had been aware that the dog had previously bitten others, no steps had been taken to restrain the animal. This is sometimes referred to as the "one bite" rule. As a practical matter, it is difficult to recover punitive damages if the dog has never bitten anyone before. But after one bite, the owner is presumed to have knowledge of the dog's vicious nature.

Dog bites are typically covered under the dog owner's homeowners insurance policy. So, dog bite victims generally have good claims in Ohio. Strict liability makes proving the claim fairly simple, and compensation can generally be recovered from the dog owner's homeowners insurance.

In 2006, the Better Business Bureau (http://www.bbb.org) reports that it received nearly 8,200 consumer inquiries concerning foreign lottery scams, a 14% increase from the previous year. In many instances, the lottery notification is accompanied by a check or money order and instructions directing the recipient to deposit the money and to wire transfer all or part of it back to the company for the payment of fees or taxes before the individual can receive the winnings.

Recognizing that even in cases where no money is requested, providing an ID or bank account details to unknowns places a consumer at great risk for identity theft and fraudulent use of bank accounts, the BBB offers the following tips to help identify a lottery scam:

• If you receive notice of winnings by regular or e-mail, chances are that it is fraudulent, since legitimate lottery companies usually send notices by certified mail, Federal Express, UPS or DHL. If you have played the lottery online, however, you may be notified by e-mail. But, you still need to log into your account to check your winnings and to choose whether you want to be paid by check, or by a credit to your credit card.
  
• Look to see whether the notice appears to come from another country. Some of the fraudulent outfits operate under names often derived from well-known lotteries in other countries. Contact the BBB if you receive notice that you are a winner of a foreign lottery. It is illegal in this country to participate in a foreign lottery by U.S. mail.
  
• If you are sent a check or money order along with the notification, make certain that it is not counterfeit. Look to see whether the lottery promoter's name and address is the same on the check, as it is on the envelope. If the company name is different on the check, the bank name may well be fraudulent and the account, stolen. You will be help responsible if you deposit such a check and then attempt to spend or send the money to someone else.
  
• Other fraudulent practices include directions to call a number to claim your winnings, followed by a request to either send money, or for personal identification information. Legitimate lottery or sweepstakes companies will not ask for money or for personal identification information as a prerequisite to receiving winnings.
  
• Be suspicious of promoters claiming to be bankers, gaming officials, claims agents, tax collectors, attorneys, or a high ranking government official. Scam artists are apt to use titles to convince you of their legitimacy.
  
• If in doubt, contact the BBB to investigate.