What Is Avery’s Law and How Does It Affect Dog Bite Claims in Ohio?
By John K. Rinehardt, Board Certified Civil Trial Attorney (NBTA)
06-04-26
Understanding Avery’s Law and Its Impact on Dog Bite Claims in Ohio
If you or a loved one has been bitten by someone else’s dog in Ohio, a major change in state law may affect your ability to seek compensation. Avery’s Law, officially known as Ohio House Bill 247, revises Ohio’s laws governing dangerous and vicious dogs and took effect on March 20, 2026. This legislation updates how Ohio classifies aggressive dogs, strengthens owner accountability, and reinforces the legal framework that protects bite victims. Whether you are a parent of an injured child, a delivery worker, or a pedestrian attacked without warning, understanding Avery’s Law is an important first step toward protecting your rights.
If you were recently hurt in a dog attack, Rinehardt Law Firm can help you understand your options. Call 419-529-2020 or reach out online to discuss your case today.
What Is Avery’s Law in Ohio?
Avery’s Law is the popular name for House Bill 247, passed by Ohio’s 136th General Assembly and signed by Governor DeWine in December 2025 after receiving broad bipartisan support. The bill was sponsored by Representatives Kevin D. Miller and Meredith R. Lawson-Rowe. The law amends numerous sections of the Ohio Revised Code, particularly Chapter 955, which governs dog registration, control, and liability.
At its core, Avery’s Law updates how Ohio handles dangerous and vicious dogs. It revises definitions, owner obligations, and penalties to better protect Ohio residents from preventable dog attacks. For victims in Columbus and across the state, these changes strengthen the legal foundation of a dog bite claim by clarifying the duties dog owners owe to the public.
How Ohio’s Strict Liability Framework Protects Dog Bite Victims
Ohio is a strict liability state when it comes to dog bites, which means a victim generally does not need to prove the owner was negligent or knew the dog was dangerous. Many states impose statutory strict liability for at least some dog bites and attacks, while others rely on the "one-bite rule" or negligence theories. Ohio’s strict liability approach gives bite victims a more direct path to compensation. For more details on how this doctrine works, see our breakdown of strict liability for dog bite victims.
Under the one-bite rule used in other states, a dog owner is liable only if they knew or should have known the dog had a dangerous propensity. Ohio’s strict liability approach removes that burden from the injured person, which is a significant advantage for victims pursuing a claim.
💡 Pro Tip: Even though Ohio applies strict liability, documenting everything after a dog attack is critical. Take photos of your injuries, get the dog owner’s information, request a copy of the animal control report, and keep all medical records. This evidence strengthens your claim.
Key Dog Classifications and Owner Duties Under Avery’s Law
Avery’s Law builds on and reorganizes the existing framework in ORC Chapter 955, redefining the classifications and duties that form the backbone of Ohio dog bite liability. The updated statute defines a "dangerous dog act" as a dog that has caused injury (other than killing or serious injury) to any person, or that has killed another dog, without provocation. Behaviors such as attempting to bite or endanger a person in a menacing fashion and chasing or threatening persons are criteria associated with a "nuisance dog act" under the law, not a "dangerous dog act."
Owner Obligations for Dog Confinement and Control
Ohio law requires every dog owner, keeper, or harborer to keep their dog physically confined or restrained upon the premises, or under the reasonable control of some person, at all times. This baseline obligation is central to most dog bite cases. When an owner fails to meet this duty and a bite occurs, that failure can form the basis of both civil liability and criminal charges. Avery’s Law extends these duties to any person who qualifies as a keeper or harborer, not just the registered owner.
Criminal Penalties for Vicious Dog Acts
The consequences for owners who fail to control a dangerous or vicious dog can be severe. Under Avery’s Law, an owner, keeper, or harborer of a dog already designated as dangerous or vicious who negligently fails to prevent that dog from committing a vicious dog act that injures or kills a person faces a felony of the third degree. Owners of dogs not previously designated as dangerous or vicious who negligently fail to prevent a vicious dog act face a misdemeanor of the third degree on a first offense, escalating to a second-degree misdemeanor for subsequent offenses. Courts may also order the humane destruction of the dog at the owner’s expense.
| Violation | First Offense | Subsequent Offense |
|---|---|---|
| Negligent failure to prevent a vicious dog act (no serious injury) | Third-degree misdemeanor | Second-degree misdemeanor |
| Negligent failure to prevent a vicious dog act involving injury or death by a dog previously designated as dangerous or vicious | Third-degree felony | Third-degree felony |
| Court-ordered destruction of the dog | May be ordered at owner’s expense | May be ordered at owner’s expense |
💡 Pro Tip: Criminal charges against a dog owner and your civil claim for compensation are separate legal proceedings. A criminal conviction is not required for you to recover damages, but it may serve as helpful evidence in your civil case.
How Avery’s Law Strengthens Your Dog Bite Claim in Columbus, OH
For victims pursuing a dog bite claim in Columbus, Avery’s Law reinforces the legal tools already available under Ohio’s strict liability framework. By updating the definitions and penalties in Chapter 955, the law sends a clear signal that Ohio takes dog owner accountability seriously. Victims seeking Columbus OH dog bite compensation may benefit from clearer statutory language around dangerous dog classifications and owner duties.
If a dog that attacked you had a prior history of aggression, Avery’s Law may also affect how authorities and courts classify that animal going forward. A knowledgeable dog bite attorney in Columbus can evaluate how these changes apply to the specific facts of your case.
💡 Pro Tip: If you know or suspect the dog that attacked you has bitten or threatened others before, report that information to local animal control. Prior incidents can be relevant to establishing the dog’s classification under Ohio law and may strengthen your claim.
Filing Deadlines: What Ohio Dog Bite Victims Need to Know
Understanding the statute of limitations is one of the most important steps after a dog attack. Under Ohio Revised Code § 2305.10, most personal injury claims must be filed within two years from the date the injury occurs. However, dog bite claims brought under Ohio’s strict liability statute, ORC § 955.28, are generally subject to a six-year statute of limitations. The two-year deadline under ORC § 2305.10 applies to dog bite claims pursued under a negligence theory rather than the strict liability statute. Missing the applicable deadline can permanently bar your right to seek compensation. Exceptions may apply in limited circumstances, such as when the victim is a minor or of unsound mind at the time of the injury, which can toll the filing deadline under ORC § 2305.16.
In narrow situations, a different limitations period could be relevant. ORC § 2305.09 establishes a four-year statute of limitations for certain tort actions. Victims should not assume a longer filing period applies without consulting an attorney.
💡 Pro Tip: Do not wait to explore your legal options. Evidence can deteriorate, witnesses can become harder to locate, and medical documentation is easier to compile when treatment is ongoing.
What Damages Can You Recover After a Dog Attack in Ohio?
Victims of dog bites in Ohio may be entitled to recover several categories of damages depending on the severity of the attack. These commonly include:
- Medical expenses such as emergency care, surgeries, and ongoing treatment
- Lost wages from time missed at work
- Pain and suffering, including emotional distress
- Scarring and disfigurement requiring future corrective procedures
- Property damage from the attack
The value of any dog bite claim depends heavily on individual facts, including the nature and extent of injuries, the circumstances of the attack, and available insurance coverage. An experienced Dog Bite Lawyer in Columbus, OH can help you assess what types of compensation may apply to your situation.
Frequently Asked Questions
1. Does Avery’s Law change Ohio’s strict liability rule for dog bites?
Avery’s Law primarily updates Ohio’s dangerous and vicious dog classifications, owner duties, and criminal penalties under ORC Chapter 955. Ohio’s strict liability framework for dog bite civil claims under ORC § 955.28(B) remains separate but related. The updates in HB 247 may strengthen a victim’s position by clarifying owner obligations.
2. How long do I have to file a dog bite claim in Ohio?
Most personal injury claims in Ohio must be filed within two years under ORC § 2305.10. However, dog bite claims brought under Ohio’s strict liability statute, ORC § 955.28, are generally subject to a six-year statute of limitations; the two-year deadline applies to claims brought under a negligence theory. In limited circumstances, such as when the victim is a minor, the deadline may be tolled. Consulting an attorney promptly is strongly recommended.
3. Can a dog be put down after biting someone in Ohio?
Under Avery’s Law, courts may order the humane destruction of a dog that injures or kills a person in an unprovoked attack. The law provides exemptions for dogs acting in a playful manner or protecting their owners from an attacker or intruder. This determination is made case-by-case and is separate from any civil claim for compensation.
4. What should I do immediately after a dog bite in Columbus?
Seek medical attention right away, even if the injury seems minor. Report the incident to local animal control, collect the dog owner’s contact and insurance information, take photographs of your injuries and the scene, and preserve all medical records. These steps protect both your health and your legal rights.
5. Do I need a lawyer for a dog bite claim in Ohio?
While not legally required, working with an attorney experienced in Ohio dog bite liability can make a significant difference. Insurance companies may offer settlements that do not fully account for your medical costs, lost income, pain, and long-term scarring. A dog attack lawyer in Columbus can advocate on your behalf and help you pursue fair compensation.
Protecting Your Rights After a Dog Bite in Ohio
Avery’s Law represents a meaningful update to Ohio’s approach to dangerous and vicious dogs, reinforcing the responsibilities that dog owners owe to the public. For bite victims in Columbus and throughout Ohio, understanding these changes and how they interact with the state’s strict liability framework is essential to building a strong claim. Whether you are dealing with mounting medical bills, painful scarring, or lost time at work, Ohio law provides avenues to seek the compensation you deserve.
The team at Rinehardt Law Firm is ready to help you navigate the claims process and fight for your recovery. Call 419-529-2020 or contact us today to schedule a consultation.
