What You
Need to Know About Dog Bites and Launching a Lawsuit
If you are considering launching a lawsuit for a dog bite,
it’s important to contact a personal injury lawyer.
Who is
Responsible for a Dog Bite?
There are many reasons why a dog may bite someone. They include fear,
aggression, territoriality, sickness, pain, poor socialization and provocation.
Whether the dog that bit you is familiar to you or a stranger, the dog should
be under the control of its owner at all times. A dog bite or attack can cause
serious harm in the form of permanent injuries, physical or emotional scarring
and even death.
According to Ontario’s
Dog
Owner’s Liability Act (DOLA), the owner of the dog is legally and
financially responsible for any damage to property or injury to people caused
by their dog. This is referred to as "strict liability” in Ontario. This means
that the dog owner is responsible for paying you damages, even if he/she acted
completely reasonably. If the dog is jointly owned, then both owners are
responsible and can be sued for damages.
The owner of the property may also be liable for damages if you can
prove that the property owner assumed responsibility for their property and the
animal at the time. For example, a negligent landlord who allows dangerous dogs
on a rental property may be liable if those dogs attack someone.
If you’ve provoked the dog, you may find that your damages are reduced
because of contributory negligence. This only happens if the court finds that
you are somehow partially responsible for the attack or bite. If the victim is
your child, then the court looks at whether the child was properly supervised
at the time of the attack.
What to Do
if You’ve Been Bitten
In addition to seeking medical help, there are a few essential actions
that you need to take at the time of the incident. You need to gather the names
and phone numbers of any witnesses. An independent witness will be able to
verify your account of the incident since the dog owner may deny that it was
his or her dog who attacked.
It’s also important to take pictures of the bite(s) as soon as
possible. As you heal, continue to take photos. These can help document how
painful the bite is, how it may have interfered with your work and any permanent
injury such as scarring.
You also need to find out the name of the dog owner. This is easy to do
if it’s the dog of a friend or a neighbour, but this can be a harder task if
the dog was running loose or if the owner refuses to give you their personal
information. Again, ask for witness information. Call the police, the local
health department and the local by-law enforcement office. The bite needs to be
reported and there’s a chance that one of these offices may be able to help you
identify the dog and its owner.
Finding the owner is important since you need to know if the dog has
up-to-date
rabies
shots. Another person who may be able to find the dog is a personal injury
lawyer. Using investigative technique, your lawyer can help you find the owner
so that you can continue with your lawsuit for the dog bite.