Is the Landlord a Harborer in a Tenant's Dog Bite in Ohio?

By the FigureMyTax Editorial Team · How we calculate

The Ohio Supreme Court has drawn the line at control.

Who is a harborer

The statute reaches the owner, keeper or harborer. Historically, courts held that a harborer possesses or controls the premises where the dog lives and permits the dog's presence.

The Ohio Supreme Court's test

The Court held that one is not a harborer simply by owning the premises where the bite occurred; a harborer is one who actively shelters, protects or exercises control over a dog. A manufactured-home community owner that merely allowed residents to keep dogs was not a harborer.

Property owners who do not control the dog

A property owner whose relative lived there rent-free was also not a harborer because there was no evidence of active care or control.

When a landlord can be liable

A landlord is liable as a harborer only if it shelters, protects or exercises control over the dog itself. Otherwise the claim is against the owner or keeper.

Official sources

• Ohio Rev. Code § 2315.33 — contributory fault
• Ohio Rev. Code § 955.28 — dog owner liability
• Ohio Rev. Code § 2305.10 — bodily injury deadline

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Ohio's rules apply to your specific case with a licensed Ohio attorney.