How a Dog
Bite Injury Lawyer Can Help You
If you’ve been bitten or attacked by a dog, you need a dog bite injury
lawyer who is experienced in handling such cases. A lawyer can help you prepare
your claim and even help track down the negligent owner.
Immediately
Following a Dog Bite
If you’ve been badly bitten or attacked, your first priority should be
medical care. There are certain procedures that need to be followed immediately
on the scene of an attack. If you were accompanied by someone at the time of
the bite or attack, an injury lawyer can help you gather the information you need.
First and foremost, you need the name and contact information of the
dog owner. If it’s a family member, a friend or a neighbour, this shouldn’t be
difficult. The hardest part will be dealing with the pressure you receive to
not report the bite. Remember that reporting a dog bite is important. There
should be a record of any bites, in the case that the dog is a serial biter.
If the owner is a stranger or the dog is just running loose, you may
have a harder time. Sometimes, an owner will refuse to provide his/her contact
information. If so, ask any bystanders if they know the owner or where he/she
lives. You need to report the bite to the police, the local health department
and the local by-law enforcement office. If you don’t have the name of the
owner, there’s a chance one of these places will be able to help you find the
owner. Finding the owner is imperative since you need to know if the dog has had
its
rabies
shots.
Gather the names and contact information for any witnesses. Independent
witnesses are important since the dog owner may later deny that it was his dog
that bit you.
You should also take photos of the bite as soon as you can after the
incident. Keep documenting the healing as you improve so you have a record for
your claim.
Who is
Responsible for a Bite?
According to Ontario’s
Dog
Owner’s Liability Act (DOLA), the owner of the dog is legally and
financially responsible for any injury to people or property damage that is
caused by their dog. A dog owner is "strictly liable”, which means that the
owner has to pay you damages, even if the owner acted in a responsible manner
or if you provoked the animal. If there is more than one owner, all owners are
jointly responsible for damages.
The owner of the property where you were attacked may also be held
liable for damages since they assume responsibility for their property and the
animal. For example, in some cases, the landlord can be held responsible if
they knowingly allow dangerous dogs on their rental property.
Even if you acted in some way to provoke the dog, you are still
entitled to damages, although the amount may be reduced because of
"contributory negligence”. If the victim is a child, the court will consider
whether the child was properly supervised at the time of the bite.
A dog bite or attack can cause permanent injuries, physical or
emotional scarring and even death. Your dog bite injury lawyer can help you
gather information and submit a claim to help with the financial and emotional
stress and pain of a dog bite.