DOG ATTACKS IN ONTARIO
Introduction
According to estimates, there are over 500,000 dog attack incidents that happen on an annual basis in Canada. Dog attacks can have serious consequences including physical injuries such as severe tissue tears, serious bleeding, bruising, puncture wounds, scarring, tendon injury, or joint injuries. In addition, many victims of dog attacks suffer from psychological injuries such as post-
traumatic stress disorder (“PTSD”), anxiety, or depression.
Legal Framework Governing Dog Attacks in Ontario
The Dog Owners’ Liability Act (“DOLA”) is legislation that applies to dog bites and attacks in Ontario. The DOLA is designed to ensure that dog owners are held accountable for their pets’ actions and it provides a legal pathway for victims to seek compensation.
Key Provisions:
1. Strict Liability
Under DOLA, dog owners are strictly liable for injuries caused by their dogs, regardless of the dog’s prior behavior. This means that if a dog attacks someone, the owner can be held legally responsible for the injuries sustained by the victim, even if the dog had never shown aggression before or the owner did not know the dog had a propensity for aggression.
2. No Need for Provocation
Unlike some other jurisdictions where provocation can be a defense, Ontario does not require that the victim provoked the dog to have a valid claim. If a dog attacks, the owner is typically held liable for any resulting injuries.
3. Definition of Owner
Ownership is defined broadly under the DOLA to include persons who possess or harbour a dog. The Courts have interpreted ownership to include individuals who have temporary responsibility for the dog (e.g., dog walkers) and individuals who exert some degree of control by providing shelter.
4. Joint and Several Liability
Where there is more than one owner, they are jointly and severally liable which means either owner can be responsible for the full amount of damages.
What Should You Do If You Are Attacked by a Dog?
If you are attacked by a dog in Ontario, there are several important steps to take to protect your health and legal rights:
1. Seek Medical Attention Immediately
It is essential to seek medical care right away. Dog bites can lead to infections, rabies, or other serious injuries, so it’s crucial to get examined and treated by a healthcare professional.
2. Document the Incident
If possible, try to take pictures of your injuries and the scene of the attack. Gather any information about the dog, such as the owner’s contact details, the dog’s breed, and the circumstances surrounding the attack.
3. Report the Attack
Dog attacks should be reported to local animal control authorities or the police,
particularly if the dog was unprovoked, aggressive, or there is concern about future attacks. This report can play an important role in any legal case that follows.
4. Consult a Lawyer
Dog attack victims may be entitled to compensation for medical expenses, pain and suffering, and lost wages. A lawyer specializing in personal injury or dog attacks can help you understand your rights, assess your case, and represent you in seeking compensation.
Compensation for Dog Attack Victims in Ontario
Victims of dog attacks in Ontario may be eligible for compensation for a range of damages, including:
- Medical Expenses: This includes the cost of treating injuries sustained in the attack, including emergency treatment, surgery, rehabilitation, and ongoing care.
- Lost Wages: If you are unable to work due to your injuries, you may be entitled to compensation for lost income.
- Pain and Suffering: Ontario law allows victims to seek compensation for emotional and physical pain resulting from the attack.
- Future Medical Costs: In cases of serious injury or long-term consequences, victims may be entitled to compensation for future medical care and rehabilitation.
- Punitive Damages: In cases where the dog owner acted recklessly or with gross negligence, punitive damages may be awarded in addition to other compensation.
Conclusion
At Lamont Law, our team of experienced personal injury lawyers is ready to help you navigate the process and advocate for the compensation you deserve. If you or a loved one has suffered a dog attack incident, contact Lamont Law for a free consultation.
Article: By Braden Adsett, Associate Lawyer
