The Dog Owner's Liability Act
In Ontario, the Dog Owner’s Liability Act states that the person who suffered from the dog bite does not have to prove that the dog owner was being negligent or that the owner caused the behaviour of the dog. In the past there was the “one bite” rule. This rule meant that a dog was allowed to bite someone once before the owner could be accused of negligence.
In light of the Dog Owner’s Liability Act, if a dog attacks or bites someone the owner becomes liable for the dog’s actions in this case, even if the dog was not deemed dangerous by law. This means that even if your dog has never bitten someone before and bites someone for the first time, you are liable.
If you have been the victim of a serious dog bite or attack, a dog bite accident lawyer will help you with your case. You can sue for damages and receive compensation for your injuries, even if the dog did not have a history of aggressive behaviour.
What Deems a Dog Dangerous?
In the Surrey Dog Responsibility By-Law, 1990, No.13880, a dog is deemed dangerous when he/she meets one or more of these conditions:
- a dog that has bitten, caused injury or attacked a person, or has demonstrated a propensity, disposition, or tendency to do so;
- a dog that has attacked, bitten, killed, or caused injury to a domestic animal, while running at large;
- a dog that has aggressively pursued or harassed a person, while running at large;
- a dog that has aggressively pursued or harassed a domestic animal, while running at large;
- a dog that is known to attack or injure a person without being provoked;
- a potentially dangerous dog:
- has been impounded 3 times within the last 24 months;
- the owner has received a municipal ticket for running at large 3 times within the previous 24 months; or
- the total number of impounds and tickets totals 3 within the last 24 months.
If your dog has met any of these conditions, he/she is deemed dangerous by law. Your dog is your responsibility, and you have to protect the people around you if your dog is dangerous. A victim can easily hire a dog bite accident lawyer to sue you for any damages if your dog does attack.
Hiring a Dog Bite Accident Lawyer
If you are the victim of a dog bite, you should contact a dog bite accident lawyer to help you with your case. It is important to record all of the information you can about the dog and the dog owner initially. If you can further document the attack with pictures, this will greatly help your case. Talk to the witnesses around you, and record their information in case you need them to testify for you in court. You should also report the incident to your local Animal Services department. It’s important to protect yourself and your community from dangerous dogs and make sure that the dog’s owner remains responsible for any damages.
Sources:
https://www.ckc.ca/en/Files/Raising-My-Dog-Section/Responsible-Ownership/Your-Responsibilities-in-Case-of-a-Bite-Incidents