Avery's Law: Ohio's New Dog Attack Law (H.B. 247)
Ohio's most significant overhaul of dangerous dog law in decades took effect on March 18, 2026. House Bill 247 — known as Avery's Law — strengthens criminal penalties against negligent dog owners, expands dog warden authority, requires mandatory liability insurance, and closes loopholes that once allowed dangerous animals to remain on the street after serious attacks.
For dog bite victims in Cuyahoga County, this law matters. Ohio's strict liability statute — R.C. § 955.28 — remains fully in effect and unchanged. Avery's Law adds a powerful layer of criminal enforcement and insurance accountability on top of the civil rights victims already had. Here is everything you need to know.
Local Ordinances
Avery's Law (House Bill 247) was signed by Governor Mike DeWine on December 19, 2025, and took effect March 18, 2026. It passed the Ohio House of Representatives 97–0 and the Ohio Senate 33–0 — unanimous bipartisan support driven by the near-fatal attack on 11-year-old Avery Russell in Reynoldsburg in June 2024. The dog's owner received four days in jail and a $450 fine. That outcome galvanized the legislature to close the gaps in Ohio's prior dangerous dog law.
The Three-Tier Classification System
Avery's Law retains Ohio's three-tier classification framework — nuisance, dangerous, and vicious — but revises the definitions at each tier.
Nuisance Dog: A dog that, without provocation, has chased or approached a person in a menacing fashion, attempted to bite someone, or aggressively attacked another domestic animal while off the owner's premises. First offense: minor misdemeanor. Subsequent offense: fourth-degree misdemeanor.
Dangerous Dog (revised): A dog that, without provocation, has caused injury — other than killing or serious injury — to any person, or has killed another animal while off the owner's premises, or is the subject of a third or subsequent violation of confinement laws. If the attack injures a person, the offense is a first-degree misdemeanor.
Vicious Dog (revised): A dog that, without provocation, has killed or caused serious injury to any person. A vicious dog attack is a felony offense. "Serious injury" means physical harm carrying a substantial risk of death, permanent incapacity, temporary substantial incapacity, or permanent disfigurement.
New Criminal Penalties for Negligent Owners
One of the most significant changes in Avery's Law is criminal liability for negligent dog owners — not just repeat offenders. Under prior law, serious criminal penalties only followed a second or subsequent incident by a previously designated dog. Under Avery's Law, a dog owner can face criminal charges if they negligently fail to prevent an unprovoked attack — even if the dog had never been formally designated. The severity scales with the outcome: nuisance dog act (minor misdemeanor), dangerous dog act causing injury (first-degree misdemeanor), vicious dog act causing death or serious injury (felony).
Mandatory $100,000 Liability Insurance
Avery's Law requires owners of dogs designated as dangerous or vicious to maintain a minimum of $100,000 in liability insurance and pay a $100 annual registration fee with the county. Before this law, the insurance requirement applied only to vicious dogs — the highest tier. Dangerous dogs, which can still cause serious injuries, had no insurance mandate. That gap is now closed.
For victims, this provision creates a documented, collectible source of compensation in cases involving designated dogs. An owner who fails to maintain required insurance compounds their legal exposure: that failure is both a criminal violation and evidence of reckless disregard for public safety in a civil case.
Expanded Dog Warden Seizure Authority
Dog wardens now have the authority to immediately seize a dog following a qualifying attack, rather than waiting through lengthy procedural delays. The warden designates the dog as nuisance, dangerous, or vicious and notifies the owner by certified mail. If the owner disputes the designation, a hearing must be held within ten calendar days. For victims, faster seizure means reduced risk of a second attack while a civil claim is pending.
Mandatory Euthanasia After Serious Attacks
Under prior law, euthanasia of a dangerous dog was discretionary — a judge could order it, but was not required to. Avery's Law closes this loophole. If a dog kills or seriously injures a person in an unprovoked attack, the court is now required to order the dog's humane euthanasia after due process is completed. The law retains protections for dogs acting in defense of their owner or property — only unprovoked attacks trigger the mandatory euthanasia requirement.
Revised Dog Designation Hearing Process
Under prior law, designation hearings were held in the court with jurisdiction over the owner's residence. Under Avery's Law, hearings are held in the court with territorial jurisdiction over the location where the incident occurred — giving victims access to a local court rather than having to follow proceedings in another jurisdiction.
Ohio Strict Liability — R.C. § 955.28
Avery's Law strengthens criminal enforcement and insurance accountability. But the civil rights of dog bite victims in Ohio are anchored in a separate statute — R.C. § 955.28 — and that law did not change. Ohio's strict liability standard remains fully in effect. For a complete explanation of the statute, defenses, and recoverable damages, see our complete guide to Ohio dog bite law.
Strict Liability Remains the Foundation
Under R.C. § 955.28, the owner, keeper, or harborer of a dog is strictly liable for any injury the dog causes — regardless of the dog's prior history. You do not need to prove the dog had bitten before. You do not need to prove the owner was negligent. You do not need a prior formal designation. If you were lawfully present and were not provoking the dog, the owner is liable for your medical bills, lost wages, pain and suffering, scarring, and other damages.
"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 person was trespassing or committing a criminal offense on the property of the owner, keeper, or harborer, or was teasing, tormenting, or abusing the dog." — Ohio Revised Code § 955.28(B)
Prior Designation Now Unlocks Additional Claims
If the dog that attacked you had already been designated dangerous or vicious under Avery's Law, you now have powerful additional evidence in your civil case: documented owner knowledge of the dog's dangerous propensities, a mandatory $100,000 insurance policy that should exist, and grounds for a negligence per se claim if the owner failed to comply with any designation requirement. A second serious attack after a prior designation also supports an argument for punitive damages.
How Avery's Law Interacts with Cuyahoga County Ordinances
Every municipality in Cuyahoga County has its own animal control ordinances, and many use classification systems that parallel the state framework now codified by Avery's Law. Avery's Law sets a floor of protection statewide. Local ordinances can be stricter — and in several Cuyahoga County communities, they are. A municipal ordinance violation at the time of an attack creates an independent negligence per se claim on top of the strict liability protection under state law. See how Avery's Law applies in your municipality on our Cuyahoga County service areas page.
“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 person was trespassing...”— Ohio Revised Code § 955.28(B)
Venue & Court Information
Avery's Law directly addressed the four most significant gaps in Ohio's prior dangerous dog framework.
Gap 1: Minimal Consequences for a First Serious Attack
Before Avery's Law, serious criminal penalties only followed a second or subsequent incident by a previously designated dog. The attack on Avery Russell — catastrophic, nearly fatal — resulted in four days in jail and a $450 fine for the dog's owner. Under Avery's Law, criminal liability now attaches to negligent owners even before a formal designation exists, and the penalties scale with the severity of the attack.
Gap 2: No Insurance Requirement for Dangerous Dogs
Prior law required liability insurance only for dogs designated vicious — the highest tier. Dogs designated dangerous, which can still cause serious injuries, had no insurance mandate. That gap left victims without a guaranteed source of compensation in dangerous dog cases. Avery's Law extends the $100,000 minimum insurance requirement to all dangerous dog owners.
Gap 3: Slow Seizure Process
Before Avery's Law, removing a dangerous dog from a home after an attack required a lengthy investigation process. The dog typically remained with the owner during this period, creating ongoing risk to the community and to any victim who lived nearby. Avery's Law gives wardens immediate seizure authority following a qualifying attack, with a ten-day hearing requirement if the owner contests the designation.
Gap 4: Discretionary Euthanasia
Courts could order euthanasia after a serious attack but were not required to — even after a dog killed or seriously injured a person. This created inconsistent outcomes across Ohio's 88 counties. Avery's Law makes euthanasia mandatory after an unprovoked attack resulting in death or serious injury, subject to due process.
Local Risk Factors
Does Avery's Law give me more rights as a victim?
Avery's Law strengthens criminal enforcement, but your civil rights under R.C. § 955.28 were already strong and did not change. What the new law does is increase the likelihood that insurance is available, that the attacking dog is removed quickly, and that a negligent owner faces criminal consequences — all of which support your civil claim.
Does Avery's Law apply to the first bite?
Ohio's strict liability statute has always applied to first bites — the "one bite rule" does not apply in Ohio. Avery's Law now also creates criminal exposure for owners of previously designated dogs who negligently allow a subsequent attack. If the dog had no prior designation, your civil claim under R.C. § 955.28 remains fully available regardless.
What if the dog had no prior designation?
You still have a strong civil claim under R.C. § 955.28. The absence of a prior designation does not eliminate liability — it only means you won't have that additional layer of evidence. Ohio's strict liability standard does not require prior owner knowledge of the dog's dangerous propensities.
What if the dog had already been designated dangerous?
This is the strongest case profile under Avery's Law. You have strict liability under R.C. § 955.28, documented owner knowledge through the prior designation, access to a mandatory $100,000 insurance policy, and grounds for a negligence per se claim if the owner failed to comply with any designation requirement. A second serious attack after a prior designation also supports punitive damages.
How long do I have to file a claim?
The statute of limitations for dog bite claims under R.C. § 955.28 is up to six years from the date of injury. Avery's Law did not change this. However, acting sooner protects evidence, witness memory, and your ability to document injuries and designation records while they are fresh. Negligence claims carry a two-year limitations period. If the victim was a minor at the time of the attack, the statute does not begin to run until the child turns 18.
Can I sue even if the dog belongs to a friend or family member?
Yes. In most dog bite cases, compensation comes from the owner's homeowner's or renter's insurance — not from the individual personally. Avery's Law's mandatory insurance requirement makes recovery even more certain in cases involving designated dogs. Filing a claim does not mean suing your neighbor out of their savings — it means making a claim against an insurance policy.
Does Avery's Law affect how Cuyahoga County dog wardens operate?
Yes. Cuyahoga County dog wardens now have immediate seizure authority following qualifying attacks, mandatory designation notification procedures, and expanded enforcement tools. Victims should report attacks promptly to local animal control and to the Cuyahoga County Board of Health at (216) 201-2001 to trigger quarantine and create an official record — both of which strengthen a civil claim.
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