If you have been bitten by a dog (dog bite injury) in Ontario, There are certain rights and remedies available to you through our personal injury lawyers.

Liability for Dog Bites in Ontario

If you are bitten by a dog in Ontario, the first thing you will want to do is to get the name of the dog owner, thus identifying the person at fault for the dog bite incident. While this may seem like a simple task, especially if you are bitten at somebody’s home or on their premises, it can prove problematic if you are bitten in a public place and by a dog with whom you are not familiar with.

At any point following the dog bite incident it is appropriate to seek out a lawyer who is experienced with regards to dog bites. To facilitate your claim against a dog owner, it is helpful to provide your lawyer with the name and address of the dog owner, as well as to take pictures of the wounds that you suffered as a result of the dog bite incident.

The law in Ontario for dog bites is governed by the Dog Owners’ Liability Act (R.S.O. 1990, Chapter D.16) . The Act, says that it is the owner of the dog who is liable and the liability is held to a strict standard.

This standard is in favour of the person who is bitten by the dog and since it need only be proven that the dog bite(s) injury occurred for this liability to apply. In spite of the strict liability imposed by Ontario law with regards to dog bites, the person who was bitten or their guardian at the time of the incident if they are a minor may be found partially liable or contributory negligence for the dog bite injury. This occurs  and is dependent upon a set of circumstances that concludes under which the dog bite occurred, there is  a caveat -some of the more common set of circumstances are a person provoking the dog or the guardian of the minor failing to properly supervise the minor, thus contributing to the occurrence of the dog bite injury.

Who is financial responsible for my dog bite injury claim ?

Dog bites are generally covered by the  owner’s home insurance policy and therefore when owner of the dog  is notified that the victim of the dog bite injury and incident is seeking a claim for damages, they merely need pass the notice / statement of claim  to their home insurer who will then assign an insurance  adjuster to handle  claim. It is well  worth noting that even if the dog bite incident occurs outside of the home, that the dog owner’s home insurance policy should still respond to any claims made arising out of a dog bite incident.

 Under the Act, a court can also order a dog owner to take more control over a biting dog or even get rid of the dog altogether. The consequences for an owner will depend on what the dog has done and on the owner’s conduct or lack thereof. If the court decides that the dog is a hazard to the safety of the public, it can order that the dog be euthanized or the court can allow the dog to remain alive, but order the owner to take more precautions to protect the public from the dog.

The dog bite laws in Ontario are clear. Owners of dogs who bite will in the overwhelming majority of cases be liable to the victim for damages.  To find out more please contact us.

Contact us to arrange for your initial no charge consultation.