A dog attack can be a very traumatic and violent experience. Knowing who to sue and how to go about receiving fair and just compensation is very important. The process can be confusing.
Ontario provincial law concerning civil liability in cases of a dog bite or attack is found in the Dog Owner’s Liability Act. The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. In other words, the liability on the owner of the dog does not depend on the breed of the dog, whether the dog in question was known to have bitten people in previous occasions, or any other factor. Liability is strict. If a dog bites you, then the owner of the dog is liable for the injuries caused.
Frequently Asked Questions
Can I sue if I am bitten by a dog?
Yes. If you are bitten by a dog, you have the right to sue the owner of the dog for damages. It does not matter if you were bitten due to the owner’s fault, negligence, or knowledge of the propensity of the dog to bite. The Ontario Dog Owners’ Liability Act makes dog owners liable for any damage caused by bites to both persons or other domestic animals.
Who is responsible for the attack of the dog? Is it the owner of the animal or is it the person having control of the dog at the time of the attack?
Ontario provincial law concerning civil liability in cases of a dog bite or attack is found in the Dog Owner’s Liability Act, RSO 1990, c D-16 (“Act”). In instances where damages resulting from the dog bite or attack occur on the property of the owner, liability is established solely by the Act and not the Occupiers’ Liability Act, RSO 1990, c D.16.1. So it doesn’t matter where the dog bite occurs, the Dog Owner’s Liability Act, RSO 1990, c D-16 always governs such situations.
The Act relays a strict liability on the owner of the dog. In section 2(1) and (3) of the Act, it notes that:
2 (1). The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.
2 (3). The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (3).
In other words, the liability on the owner of the dog does not depend on the breed of the dog, whether the dog in question was known to have bitten people in previous occasions, or any other factor. Liability is strict. If a dog bites you, then the owner of the dog is liable for the injuries caused.
Who is considered to be the owner of the dog? Is a person walking the dog for a friend the owner or is it the person who legally owns the dog in question?
The Dog Owner’s Liability Act defines owner as:
1(1). “owner”, when used in relation to a dog, includes a person who possesses or harbours the dog and, where the owner is a minor, the person responsible for the custody of the minor. [emphasis added]
The courts have found that the person who had “some degree of control” over the dog at the time just before the incident, is considered the owner under the Act.
If I am bitten by a dog, what should I do?
It is important to seek medical attention even if you do not think your injuries are major. You may not be able to discern the extent of your injuries yourself. Only a doctor can tell you for sure. Another reason to see a doctor when a dog bites is that if you decide to bring a legal claim against the dog owner or another party, you will need proper documentation of your injuries.
Find out and write down the name and contact information of the dog’s owner. If there were any witnesses to the attack, write down their name(s) and contact information. If possible, take a photograph of the dog. Take photos of your injuries and the location where the attack took place. Save clothing and any other possessions that were damaged in the attack. Do not accept any settlement offered by the owner’s insurance company. Do not admit fault with the owner’s insurance company. Contact the police to report the incident and ask for a copy of the report. Contact Reybroek Law.
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