R.C. 3109.10: Strict Parental Liability for a Child's Assault

 A school-yard fight.   A neighborhood bully.  An opposing player who loses his cool.   There can be a number of scenarios where your child can become the victim of a willful and malicious assault.   Hopefully the most serious injury will be a bruised ego.  However, if your child suffered serious injury, which required medical attention, you do have an avenue to recover damages.

     In Ohio, R.C. 3109.10 imposes strict liability on the parents of a child who willfully and maliciously assaults another.   Strict liability imposes liability on an individual without the need to prove negligence or some other type of wrongful conduct.  Specifically, R.C. 3109.10 provides, in relevant part:

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Recovering for Injuries Sustained from a Dog Bite

According to the American Veterinary Medical Association, approximately 37% of American households – over 43 million – own a dog.   Most dog-owners (myself included) believe that our pets are harmless and would never bite anyone or anything.   However, that is not always the case.  I have represented many Ohioans who have been seriously injured by vicious attacks of a family dog.   Those who are fortunate, walk away with scratches or small puncture wounds.   Others’ injuries are more serious: permanent scarring, nerve damage, broken bones, loss of muscle tissue, or even loss of limbs.    

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