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Dog Bites /
November 6, 2026

What Avery’s Law Changed About Dangerous Dog Cases in Ohio

The Attkisson Law Firm

How Ohio’s Dangerous Dog Rules Changed in 2026

Key Takeaways: Avery’s Law (House Bill 247) took effect on March 20, 2026. Its main change was to reorganize Chapter 955: definitions moved from R.C. 955.02 to R.C. 955.01, and the designation process moved from R.C. 955.222 to R.C. 955.23. Ohio still sorts dogs into three tiers based on behavior: nuisance, dangerous, and vicious. A dog can commit a dangerous dog act by seriously injuring someone without touching them. Owners, keepers, and harborers are generally strictly liable for injuries their dogs cause. The exceptions cover victims who were trespassing, committing certain crimes on the property, or teasing, tormenting, or abusing the dog. A victim may not need the dog to have a formal label to recover, because strict liability does not depend on one. Victims should get medical care, document the attack, avoid recorded statements to insurers, and track filing deadlines.

Avery’s Law, passed as House Bill 247 of the 136th General Assembly, reorganized Ohio’s dog statutes and changed how dangerous and vicious dog cases are framed. The changes took effect on March 20, 2026. The bill renumbered key definitions and moved the designation process into new sections of Ohio Revised Code Chapter 955. If a dog hurt you or your child in the Dayton area, these changes can affect which statutes apply and what evidence matters most.

If you are recovering from a serious dog attack, The Attkisson Law Firm can review what happened. Call 937-400-0000 or contact us now to talk through your situation.

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What House Bill 247 Reorganized in Chapter 955

The most visible change is that H.B. 247 renumbered the sections people use to understand Ohio dog law. As of March 20, 2026, the definitions that used to be in R.C. 955.02 are in R.C. 955.01. The process for labeling a dog as vicious, dangerous, or a nuisance moved from former R.C. 955.222 to R.C. 955.23.

This matters because many online articles, insurance letters, and older court opinions still cite the old numbers. Often the idea carries forward, but the wording and section number may differ. Any claim filed today should rely on the current text, and the law in effect when the incident happened may also matter.

Old vs. New Section Numbers

The table below lists the renumbering that matters most to dog bite victims. Always check the current statute, since amendments can change what a section says, not just where it sits.

Topic Former Section Current Section (eff. 3/20/2026)
Definitions (dangerous, vicious, nuisance, owner, keeper, harborer) R.C. 955.02 R.C. 955.01
Designation process for problem dogs R.C. 955.222 R.C. 955.23
Definitions of dangerous and vicious dog "acts" Varied R.C. 955.22(A)

Ohio Dangerous Dog Laws After Avery’s Law

Ohio dangerous dog laws still use three tiers: nuisance, dangerous, and vicious. R.C. 955.01 defines each tier, and R.C. 955.22 defines the behavior behind each one. The law looks at what a dog did, not its breed.

What Counts as a "Dangerous Dog Act"

A dangerous dog act is conduct a dog commits without provocation. Under Ohio Rev. Code 955.22(A)(2), it includes:

  • Injuring a person through physical contact (short of death or serious injury) in a menacing way or an apparent attitude of attack
  • Seriously injuring a person without physical contact, such as causing a fall during a charge
  • Killing another dog
  • Seriously injuring another dog so that it must be put down

Victims should note the "without contact" category. A person who breaks a hip while fleeing a charging dog may fall within the statute even if the dog never touched them.

What Counts as a "Vicious Dog Act"

A vicious dog act is the most serious category under Ohio law. Under Ohio Rev. Code 955.22(A)(1), it means, without provocation, killing a person, seriously injuring a person through physical contact, or committing a dangerous dog act after already being labeled dangerous. The law excludes police dogs doing their duties.

"Serious injury" has a set legal meaning. Under Ohio Rev. Code 955.22(A)(5), it covers physical harm that carries a substantial risk of death, causes permanent or substantial temporary incapacity, causes permanent or serious temporary disfigurement, or involves prolonged or intractable pain. Harm from playful, nonaggressive, or age-appropriate behavior does not count.

How a Dog Becomes "Dangerous" or "Vicious"

Under Ohio Rev. Code 955.01(A)-(B), a dog can be classified in two ways. It may be formally labeled under the process in R.C. 955.23, or a court may find, based on evidence, that the dog committed an earlier dangerous or vicious dog act. You can review the full definitions in R.C. 955.01 for the exact wording.

The second path can matter a great deal for victims. Even if no officer ever formally labeled the dog, evidence of a prior attack may support a finding that the dog was dangerous. The labeling process is separate from your injury claim, though findings in one may become evidence in the other.

💡 Pro Tip: Ask neighbors, mail carriers, or delivery drivers whether the dog had prior incidents. Earlier unreported attacks may still help show the dog’s history.

Who Can Be Held Responsible Under Ohio Law

Ohio law reaches beyond the person named on the dog license. R.C. 955.01, the definitions section renumbered effective March 20, 2026, does not itself define "owner," "keeper," or "harborer" — it defines terms like "vicious dog," "dangerous dog," "nuisance dog," and "police dog." The meaning of "owner," "keeper," and "harborer" for purposes of Ohio’s strict liability statute, R.C. 955.28, has instead developed through Ohio case law, and the Ohio Supreme Court has noted that "harborer" is not defined by statute. Under that case law, including a 2026 Ohio Supreme Court decision arising from a Montgomery County dog bite, someone who keeps or shelters a dog may still be liable, such as a relative caring for it or a person who lets the dog live on their property, but a landlord is generally not a harborer just for owning the property. Liability instead depends on whether the person actively sheltered, protected, or exercised control over the dog, such as whether a landlord had possession and control of the area where the dog was kept.

This broader definition often matters in Dayton-area cases. Victims are often bitten at a friend’s home, a rental property, or while a dog is in someone else’s care. Finding every responsible party can affect which insurance policies may cover losses.

Strict Liability and Its Exceptions

Ohio generally holds owners, keepers, and harborers strictly liable for injuries their dogs cause. The exceptions apply when the victim was trespassing, committing a crime other than a minor misdemeanor on the owner’s, keeper’s, or harborer’s property, or teasing, tormenting, or abusing the dog on that property. You can learn more about Ohio’s strict liability rule and how it applies to Dayton victims.

Ohio’s approach differs from the older "one-bite rule" some states use. Under that rule, a victim may have to prove the owner knew the dog was dangerous. Ohio’s strict liability statute removes that burden. A victim may also bring a separate common law claim, which requires proof that the owner knew of the dog’s vicious tendencies and was negligent. That claim can matter if a statutory exception applies or if the victim seeks punitive damages.

The Duty to Confine

Ohio law requires owners, keepers, and harborers to keep their dogs under control. Under R.C. 955.22, a dog generally must be confined or restrained on the premises, kept on a leash, or kept under a person’s reasonable control. Dogs labeled dangerous or vicious face stricter rules. A breach of this duty may support a victim’s claim and can lead to criminal penalties.

What "Without Provocation" Means for Victims

Owners and insurers often claim the victim provoked the dog, but Ohio defines provocation narrowly. Under Ohio law, "without provocation" means no one teased, tormented, or abused the dog, no other dog or livestock attacked it, and it was not coming to the aid or defense of a person who was not committing a crime and was not using the dog to commit one.

Victims, especially children, sometimes face claims that they "provoked" the dog by petting it or running nearby. Ordinary, unintended behavior is generally not the same as teasing or tormenting under the statute, but courts decide these questions on the facts. Witness statements, video, and photos taken soon after the attack can help show what happened.

💡 Pro Tip: Do not give a recorded statement to the dog owner’s insurer before you understand your rights. Casual wording about how the incident began could later be framed as provocation.

Steps to Protect Your Rights as a Dog Bite Victim

What you do in the days after an attack can shape the strength of your claim. Insurers often move fast, and low early offers are common before the full extent of scarring or nerve damage is known. Consider these steps:

  • Get medical care right away and follow through with all recommended treatment
  • Report the bite to the local health department or dog warden
  • Photograph wounds, the scene, and the dog, if it is safe to do so
  • Collect names and contact details for witnesses and the dog’s owner or keeper
  • Keep records of medical bills, missed work, and how the injury affects daily life

Deadlines also apply. Ohio’s deadline for common law personal injury claims is generally two years from the date of injury. Ohio courts have held that statutory strict liability dog bite claims may have a longer six-year deadline. For minors, the clock is generally paused until they turn 18, though a parent’s own claims, such as for medical expenses, may follow a different timeline. Speaking with an Ohio dangerous dog laws lawyer early can help you avoid missing key dates.

Frequently Asked Questions

1. Is Avery’s Law Ohio the same as House Bill 247?

Yes. Avery’s Law refers to House Bill 247 of the 136th General Assembly, which took effect on March 20, 2026. It amended and renumbered several sections of Ohio Revised Code Chapter 955.

2. Does a dog have to be officially labeled dangerous before I can recover damages?

Generally, no. Ohio’s strict liability rule applies whether or not the dog was ever labeled, subject to the exceptions for trespass, certain crimes, and teasing, tormenting, or abusing the dog. Evidence of prior incidents may still matter, especially for a common law claim.

3. Can I bring a claim against someone who was only watching the dog?

Possibly. Ohio case law defines "owner," "keeper," and "harborer" for purposes of the strict liability statute, since these terms are not defined in R.C. 955.01. A person who had care or custody of the dog, or who sheltered it, may share responsibility depending on the facts.

4. Do older cases citing R.C. 955.02 still apply under Ohio dangerous dog laws 2026?

They may still carry weight where the wording did not change in substance, but the definitions now appear in R.C. 955.01. Any claim should rely on the current text.

5. What if the dog knocked me down but never bit me?

You may still have a claim, depending on the facts. Ohio’s strict liability statute covers injuries "caused by" a dog, not just bites. Also, seriously injuring a person without physical contact can count as a dangerous dog act under R.C. 955.22(A)(2).

Moving Forward After a Dangerous Dog Attack

Avery’s Law reorganized Ohio dangerous dog laws, but the core protections for victims remain. Ohio still classifies dogs by behavior, holds owners, keepers, and harborers broadly liable, and applies strict liability with specific exceptions. Knowing the new section numbers and definitions can help you make sense of insurer letters and protect your claim while you heal.

If a dog attack has left you or your child with serious injuries, The Attkisson Law Firm is ready to listen and explain your options. Call 937-400-0000 or schedule your consultation today.

Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.

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