WHAT HAPPENS IF YOUR DOG BITES SOMEONE ON YOUR PROPERTY?

Unfortunately, dogs often bite. When they bite, there can be serious injuries. Whether the victim is a guest, trespasser, or salesperson, you may be held liable for damages in certain situations.

A dog bite can become an issue quickly. In Ontario, a dog owner should treat bite incidents seriously. For the owner, it can lead to a claim and financial exposure after a bite.

WHAT IS THE STANDARD OF CARE OWED?

When a person enters your property, regardless of who they are, they have a reasonable expectation that they will not be injured. This is known as the standard of care owed to anyone on their property.

Essentially, this means the owner or occupier of the property must maintain a relatively safe environment for all persons. These safety mechanisms are legislated in the Occupiers Liability Act, R.S.O. 1990 C. O.2, Public Safety Related to Dogs Statute Law Amendment Act, 2005, and the Dog Owners’ Liability Act, R.S.O. 1990, c. D. 16, and enshrined in our common law.

Practical safety expectations on private property

An “occupier” is generally the person who controls the property, such as a homeowner or tenant. A simple precaution might include supervising the dog when visitors arrive, securing gates, and using reasonable precautions to prevent foreseeable harm when people enter the property.

In most situations, owners of dogs owe a reasonable duty of care to anyone lawfully on their property. The liability of the owner does not depend upon the knowledge of the propensity of the dog to attack or fault or lack of care on the part of the owner, per section 2 subsection (3) of DOLA. It also states that courts shall reduce damages awarded in proportion to the degree, if any, to which the fault or lack of care of the plaintiff caused or contributed to the damages.

In other words, injured victims may be found partially liable if they contributed and put themselves at risk. This is also known as contributory negligence. This takes place when the court believes that the injured victim should be held partially responsible for the dog bite or attack as a result of their behavior. This is rare and takes place when the dog is provoked in some way to behave in a violent fashion.

Strict liability means an owner can be held responsible even where the bite was unexpected. Where there is evidence of provocation or unsafe conduct, the court may reduce damages, but the owner may still be found liable for part of the loss. This analysis often matters most after a serious dog attack.

There is much debate around whether certain breeds of dogs are more reckless and dangerous than others, more likely to bite or attack. This has resulted in, for instance, some exceptions to the ban on pit bulls. Dog owners have legal responsibilities when it comes to their dogs, both in terms of providing them with the proper care and also when property or people come into contact with their pets.

In a dog bite case, the public conversation about breeds does not replace the legal focus on what happened. The term pit bull is often raised, but the practical questions remain the same: how the bite occurred, who controlled the dog, and what damages followed.

In the past, people had to rely on the common law and prove fault on the part of the owner of the dog. Now, as indicated above, legislation has imposed strict liability on dog owners for any injuries that are caused by their pets. This means that if a dog owner’s pet bites or attacks someone, then that owner is liable regardless of whether they are negligent or at fault.

WHAT DO I DO IF I AM INJURED BY A DOG?

In general, if you are injured by a dog, you generally do not have to prove negligence or intent, but it may increase your damages if there was intent to injure at the direction of the owner. If you are injured by a dog, you need to identify the owner of the dog and prove that their dog injured you, and then the owner will have to pay your damages.

This is generally covered by the owner’s home insurance—but not always. If you contact our office, we may be able to provide you with a range of monetary settlements that would be reasonable. It would be prudent to take photos of your injuries and the location of the incident.

Document the bite while the facts are clear.

If you have been bitten by a dog, move to a safe location first. If possible, identify the owner of the dog, photograph the bite and the scene, and record witness names. These details help injury lawyers assess the dog bite and confirm how the incident happened.

First and foremost, however, you should obtain immediate medical care. Since diseases and infections can be transmitted through dog bites, it is critical to seek medical aid as soon as possible. Always consult a physician immediately, as many animals carry parvovirus or rabies virus.

Compensation and recoverable losses

Depending on the circumstances, you may be entitled to claim medical bills, follow-up medical treatment, and lost wages. In appropriate cases, damages can include pain and suffering. Even where the dog is a domestic animal, and the owner did not intend harm, a dog bite can cause physical injuries and lasting complications.

CONTACT OUR OFFICE FOR A REVIEW OF YOUR CASE

At Bernstein Law Group, our injury lawyers help victims of dog bites understand their next steps and protect their rights. If you are a dog bite victim, we can explain what is required to prove the claim and what documentation is most helpful.

The law in Ontario, as it relates to dog bites, is fairly clear—owners of dogs who injure another person will be held strictly liable to the victim for the damages and pay fair and reasonable compensation. We encourage all dog owners to take the proper courses and training to educate themselves and their dogs to create the safest environment for all. Unfortunately, dog bites can happen despite precautions and in an unpredictable fashion.

If you or a loved one has been injured by a dog bite, seek medical attention and contact a personal injury lawyer immediately. Our law office would be pleased to give you a free, no-obligation evaluation of your claim. We assist clients throughout Southern Ontario, including Milton, Oakville, Dundas, Brantford, Stoney Creek, Burlington, Ancaster, and Cayuga.