Legal Question in Personal Injury in Ohio

Dog bite

Iam disabled, on SSI, Medicaid, use oxygen 24-7 and rent my home. I have a dog, a rottweiler. Last year he got lose and and went after another dog and bit the owner when he tried to get his dog away. I paid a ticket and my landlady submitted the claim to her insurance under homeowner's. They allow one dog one bite period. Now comes a man in my house saying he was bit by my dog. My dog did not bite him, just growled. The man worked for a home health agency and was ''in-training'' at my house with my regular home health aide. He complained the dog ''snapped'' at him and I yelled at the dog. He was fired by the company on April 9, 2002. Then on May 8, 2002 I get a letter from a lawyer saying he is suing and wants my insurance information. I told him I don't have any insurance any more. The insurance company says I should get a lawyer because they are not going to help me under the one dog, one bit rule.

The guy can't have any proof, (police report, emergency or doctor's proof or witness). My home health aide said it never happened, so he is not a witness. And I was in the other room at the time. Do I need a lawyer to represent me or is the burder of proof on the accuser? Thank you.


Asked on 6/06/02, 10:02 pm

1 Answer from Attorneys
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: Dog bite

Yes, the accuser has the burden of proof. Whether or not you need to hire an attorney depends upon whether the person decides to pursue the matter further. Once there is no insurance, some people will drop the claim. Otherwise, if a lawsuit is filed, you will need an attorney.

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Answered on 6/07/02, 10:01 am


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