Author: Anika Helen - Paralegal
Edited By: Ryan Carson
In Ontario, when it comes dog attacks, the owner is strictly liable for any injuries that may have resulted from the attack. The plaintiff does not need any proof that the dog owner was not careful or whether the dog owner should have been diligent. The plaintiff only needs to prove dog ownership, along with the severity of injuries and losses.
Who is liable?
Cases related to dog bites are regulated by the Dog Owners Liability Act, R.S.O. 1990, c. DOLA is the law that deals with legal issues that arises from dog attacks. It is a strict liability statute. DOLA allows plaintiffs to hold the dog owner liable without having to prove the dog bit them as a result of the owner’s negligence or wrongdoing. If a dog attacks or bites a person, it is assumed that the owner is liable for this and no one else. It does not matter whether a dog attacked a human or another domestic animal. In both scenarios, the owner would be liable. Some may argue that the owner had no idea that their dog was aggressive. However, according to DOLA, the knowledge of this information does not matter. Furthermore, even for a first time attacker, the dog owner would be strictly liable.
Is there an exception to this rule?
Yes, there is only one exception to the liability standard imposed by the DOLA. Section 3(2) states that if a person is bitten or attacked by a dog while the person was committing a crime or was attempting to commit a crime, then the dog owner has no liability.
What if there is more than one owner?
DOLA states that if there is more than one owner of a dog, both or all owners will be equally liable for the injuries. It is up to the victim to decide whether they want to liability claims against one owner or all of them. They may seek to recover full damages from any person identified as the dog owner.
Contributory Behaviour
In some case if the victim contributes to the incident in one way or another, there may be chance that the dog owner will be able to minimize their liability for the incident. However, it is up to the dog owner to prove how exactly the victim has contributed to the incident that resulted in their dog biting the victim. Furthermore, DOLA remains such that the presumption of liability remains on the dog owner. Hence, the dog owner is presumed to be liable until proven innocent. They can always try to minimize the damages, however, they cannot prove themselves to be without liability unless that exception mentioned above comes into play.
Proof required making a case
As mentioned above, the dog owner bears the liability of dog related attacks, and the victim does not need to show whether the dog owner was negligent. Nonetheless, a victim of a dog bite must prove that injuries were sustained and the extent of injuries. The victim also has to quantify the monetary losses suffered as a result of the dog bite/attack. For example, severity of injuries, the medical expenses incurred, the length of time off work for recovery and other relevant factors.
It is advised that if you have been attacked or bitten by a dog, and you have sustained injuries and suffered losses, you should consult personal injury legal representative. The first step to making a successful claim is to consult a competent and informed legal representative, so that you can get the best results possible.
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