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Avery’s Law Brings Significant Changes to Ohio’s Dog Laws

After a vicious dog attack severely injured Avery Russell in 2024, the Ohio General Assembly made significant changes to Ohio’s dog regulation law in H.B. 247. The new law was passed and signed by Governor Mike DeWine in December 2025 and becomes effective in March 2026. The Governor’s office touted the law as updating Ohio’s outdated and inadequate dangerous and vicious dog laws and providing dog wardens with the tools needed to keep communities safe. In brief, the law creates new rules and definitions aimed at controlling dangerous dogs and preventing future harm and attacks.

What’s Defined in Avery’s Law?

The law establishes new definitions for dogs that have committed acts causing harm to other dogs or people. A “vicious dog act” will be defined as an act done by a dog without provocation, resulting in the death of a person or serious injury. A “dangerous dog act” will be defined as causing injury other than killing or serious injury by physical contact, or serious injury even without physical contact, or the serious injury resulting in euthanasia or killing of another dog. A “nuisance dog act” will be defined as a variety of behaviors including chasing or menacing a person, attempting to bite or attack a person, causing injury to a person, or chasing other dogs or livestock in apparent attitude of attack.

Having established new standards for dog behavior, the new law requires owners of a “dangerous” or “vicious” dog which has acted in the manner set forth above (but not a “nuisance” dog) to register the dog with the auditor in their counties of residence and imposes numerous new annual requirements with the registration including:

  • Providing proof of a rabies vaccine;
  • Requiring the dog to be spayed or neutered or producing a statement from a licensed veterinarian that neutering or spaying is medically contraindicated;
  • Requiring posting of visible signs warning of the presence of a dangerous dog on the property;
  • Requiring dogs to wear a tag identifying them as dangerous or vicious;
  • Requiring microchipping of the dog.[1]

The new law also imposes a new requirement that owners, harborers, or keepers of vicious or dangerous dogs obtain and maintain liability insurance in an amount of at least $100,000. Failure to comply with these requirements is a new criminal offense. Interestingly, some homeowners insurance policies specifically exclude insurance coverage for some types and breeds of dogs.

The new statute also requires that no owner, harborer, or keeper of any dog shall fail to keep the dog physically confined or restrained on the owner, harborer, or keeper’s premises by leash, tether, fence, supervision or secure enclosure or otherwise under reasonable control.[2] Failure to do so is now a crime punishable by fine or imprisonment upon multiple offenses. Courts will also now be able to require dogs to undergo obedience training or to be euthanized if they cause serious injury or death to a person.

The new law, at the same time, also includes protections for owners, keepers, and harborers of dogs that are legitimately defending themselves, their owners, or their property.

Potential Outcomes and Changes Within Dog Attack Law

While it is not anticipated that the new law will have major impacts for the civil liability of dog owners, it provides local officials with tools to better manage dangerous and vicious dogs. It now imposes criminal liability and insurance requirements where none existed previously. The statutory determinations of vicious, dangerous, and nuisance will likely be tested in court hearings subject to ordinary due process standards.

Importantly, the law does not make any changes to the existing dog attack liability statute.[3] Under existing law, owners, keepers, or harborers of dogs are generally legally liable for any harm caused by the dog so long as the victim was not trespassing, teasing, or tormenting the dog.

Previously, Ohio law limited or restricted the admissibility of certain facts in tort lawsuits. Avery’s Law does not contain any such restrictions on the admissibility of the new definitions of vicious, dangerous, or nuisance. Thus, if a dog that has been previously adjudicated under Avery’s Law goes on to commit further harm against others, its status is likely admissible in a subsequent suit.

Avery’s experience and other notable cases[4] evidenced that Ohio’s dog-regulation scheme previously left gaps that allowed harm to befall those who were victimized by dangerous dogs. Avery’s Law helps to increase responsibility burdens on owners of vicious and dangerous dogs and closes many of these loopholes. The criminal deterrence aspect will also hopefully increase the safety of Ohioans from dangerous and vicious dogs.

How Can We Help?

McCarthy Lebit attorneys Colin Ray and Christian Patno regularly represent individuals who have been severely injured by dogs through no fault of their own. Those who have been injured or have questions about the new law may call Colin for a free, no-obligation consultation to discuss their legal options.

For more information, or to seek counsel from our Personal Injury & Wrongful Death group, please reach out to request a consultation or call us at 216-696-1422.

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[1] R.C. 955.01.
[2]  R.C. 955.21.
[3] R.C. 955.28.
[4] Schneider v. Kumpf, 2016-Ohio-5161 (2d Dist.).

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