Powers sues Wilson after sustaining injuries from being bitten by a dog owned by Wilson. Ohio's dog biting statute is relevant in resolving the dispute.
Dog Biting Statute & Fact Pattern for Mock Law Class
1. Professor Cre Johnson’s
Mock Law Class
Dog Biting Incident: On January 8 of this year, Daniel Wilson came from out of town to
attend a family funeral. He arrived late at night (after 11:00 p.m.) and headed to the house
of his brother, Armando Wilson. On his way, he accidentally turned down “Spring Grove
Lane” instead of “Spring Brook Lane” and, thus, ended up at the home of David Powers, of
892 Spring Grove Lane, rather than Armando Wilson’s home, at 892 Spring Brook Lane.
Powers has a dog named Brutus. Powers’ house was unlocked because he expected his
teenage son to come home late that night. Daniel Wilson knocked on Powers’ door. On
hearing no response, he tried the door, found it was unlocked, and entered what he thought
was his brother’s house. The next minute, Wilson was attacked by Brutus, who injured
Wilson’s leg. Wilson's medical bills now total $22,000. Yesterday, he filed a personal injury
lawsuit against Powers.
Should Powers be held liable for Wilson’s injuries?
Look online for a dog biting statute that supports Wilson’s case.
Consider also Ohio’s statute on the next slide.
2. Ohio Rev. Code § 955.28B Dog may be killed for
certain acts; owner liable for damages.
Subsection (B) provides in part:
(B) The owner, keeper, or harborer of a dog is liable
in damages for any injury, death, or loss to person or
property that is caused by the dog, unless the injury,
death, or loss was caused to the person or property
of an individual who, at the time, was committing or
attempting to commit a trespass or other criminal
offense on the property of the owner, keeper, or
harborer, or was committing or attempting to
commit a criminal offense against any person, or
was teasing, tormenting, or abusing the dog on the
owner’s, keeper’s, or harborer’s property.
3. You will use socrative.com to participate
in Prof. Johnson’s mock class
1. If you have a laptop and are connected to Wi-Fi, simply go to socrative.com
2. If you are using a smartphone, click on and download the appropriate student
app for your smart device: http://socrative.com/apps.php
3. My Room Number is: cjlaw55
4. Type in your first name.
5. You will be able to vote once I load the quiz.