YOUR DOG BITE PERSONAL INJURY CASE
If you or a loved one has fell victim to a dog attack, you probably want to know how these cases work. You may have questions about what the ramifications are on the dog or if Animal Control or the Police get involved. Generally, but not always, those measures are reserved for animals or owners with numerous incidents.
I JUST GOT BIT…WHAT SHOULD I DO FIRST?
First and foremost, get the medical attention you need immediately. You will likely need to get some form of vaccination or a rabies shot and this should be done as soon as possible. An ambulance should be called or you should go to the nearest emergency department at the hospital, or a local walk in clinic. Your first priority should be seeking the appropriate medical aid.
You may then want to call the Police or Animal Control to report the dog attack. They will undergo an investigation and the police will get the name and contact information of the owner. The Dog Owners Liability Act governs the liability of dog owners in Ontario, and since a dog bite is what’s called an “absolute liability offense”—the owner is automatically responsible for the dog’s actions.
WHO PAYS THE DAMAGES IN A DOG BITE CASE?
The answer to this question depends on the facts and circumstances. Often times homeowner’s insurance covers liability and claims for compensation in dog bite cases. This means that the owner of the dog which attacked you, will hopefully have home insurance and pay for the damages of the claim. If the owner of the dog does not have home insurance, or any assets, it may be difficult to receive any compensation in your dog bite case. Nonetheless, you should consult with a personal injury lawyer to steer you in the right direction, and with any luck, whether through the owner of the dog or property, or some other party, find insurance coverage or some entity that can pay you compensation.
The owner is liable for the attack even if he or she was unaware of the dog’s capacity to be so aggressive. This means then that a dog owner may be held liable even if it was a first attack.
CAN A DOG OWNER AVOID LIABILITY?
It’s possible for a court to reduce your damages if the defendant can prove that your actions contributed to the attack, for example, by provoking the dog to attack you. If your case doesn’t make it to trial, the defense will likely argue that you are partially responsible and that you should be held contributorily negligent.
It is important that you are able to identify the dog owner, their residence, and get their contact information. It is also helpful to take photos of your injuries as well as the proof of the dog’s ownership.
HIRE A DOG BITE LAWYER TO GET PROPERLY COMPENSATED FOR YOUR INJURIES
It’s important to consult a lawyer about your dog bite case so that you receive the best advice possible and don’t hinder your chances of a successful claim. Your lawyer should be able to calculate the full extent of your injuries and provide a strong case so that you receive a fair settlement. Dog bites range from a couple stitches, to substantial injuries depending on the facts of the attack. Victims deserve to be compensated for their losses. If you or a loved one has been attacked by a dog or animal, please contact our law office for a free no-obligation consultation of your case.
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