Summary Judgment Obtained in Ohio Dog Bite Case

We secured summary judgment for a landlord in a dog bite case. The plaintiff was on a rental property as a federal census worker and claimed a “vicious” dog chased her and that, while she was fleeing, she fell in a hole surrounded by bricks in the front yard, resulting in injuries. The plaintiff filed suit against both the tenant and landlord, alleging they were negligent, negligent per se and liable under Ohio’s dog bite statute. The landlord was not an owner, keeper or harborer of the dog; therefore, no liability could be imposed under Ohio’s dog bite statute. Further, there was an agreement by the tenant to assume responsibility of the area where the hole was. Lastly, the court held no negligence claim could be successful because there was no prior notice to the landlord of the alleged hazard, a requirement under Ohio law. The judge granted our motion and dismissed the plaintiff’s claims.