When you make dog bite claim, for an injury caused by a dog attack, the court will look at certain factors in order to determine your eligibility for a settlement. Return to your topic: Plain English Overview of Dog Bite Law When Dogs Injure Other Dogs Those who own, harbor or keep a dog may be held responsible for the payment of compensation if it harms a person, a domestic animal, a farm animal, or property of any sort. It’s important that dog owners understand the laws that affect them in the province they live in, as the laws can differ significantly from province to province. They can contact animal control, the police, and a lawyer if they feel they are suffering serious injuries. R.S.O. R.S.O. They’re always there for us, whether we need protection or just a snuggle. Weâll help you get the compensation you need to carry on with your life. While oftentimes the owner of the dog can be partially blamed for the attacks, such as a lack of training, or the dog being unleashed, our laws in Ontario are set up in such a way that dog owners are the party at fault in a dog bite attack. R.S.O. If you are found somewhat responsible, the dog owner will still be held liable, but the damages will be reduced. The Ontario SPCA is very concerned about biting incidents and believes that understanding dog behaviour and practicing responsible dog care can be major steps towards bite prevention. 1990, Chapter D.16) . The Dog Owners' Liability Act, finds that it is the owner or owners of the dog who are liable and this standard of liability is held to a standard of strict liability. (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. If you do have a âgrandfatheredâ pit bull, you are required to keep it muzzled outside of your property and sterilize it to prevent breeding. Even if the victim provoked the dog in some degree, you will still be held negligent and will pay a reduced fine. An owner is anyone who possesses or harbours a dog. In more serious cases, the court could order the dog to be sterilized or euthanized, or they could prohibit the owner from being allowed to own a dog for a certain period of time. However, in some cases compensation may be reduced if the victim was found to have provoked the dog. If you have been the victim of a dog bite or dog attack, then you need an experienced injury lawyer on your side. As a dog owner, the most important thing you can do is take proactive measures to prevent these incidents from happening. The Act stipulates that an owner of a dog is liable for any damages that result from a bite or attack by his dog on another person or domestic animal. If you share custody of a dog, for example with a spouse or common law partner, you will both be held liable for the dogâs actions. Ontario Canada Where there is more than one owner of a dog, they are jointly and severally liable for the resulting damages. If your dog bit someone, the first thing you should do is restrain your dog and attend to the victim. Either a dog gets loose and comes up on your property, biting you on the leg as you turn around. R.S.O. Understand that the victim has rights. This includes providing it with exercise, food and water, protection from the elements, and so on. Injuries occurred most often in the summer, 37.7%, and most frequently between the hours of 4 and 8 p.m., (32.7%). If someone suffers injury as a result of a dog bite or attack then there are usually two possible ways of making a claim involving the dog bite laws. Even good dogs have bad days There are over 500,000 dog bites reported in Canada each year. 1990, c. D.16, s. 2 (2). This standard of liability is favourable to the person who is bitten by the dog, since it need only be proved that the dog bite occurred for this standard of strict liability to apply. Demand Letter and Brief for Dog Bite Case, Avoiding Liability When Working With Dogs, Litigation forms and other materials for attorneys, If your case involves injury to a dog, see When a Dog Is Injured or Killed, The Undemurrable Complaint and Supporting Authorities - California. Ontario holds dog owners strictly liable for dog bites. Here are three times you could be at fault. If you are the victim of a dog bite or attack, you can be compensated for any damages sustained, including pain and suffering. Basically, if a dog bites you, the law points in part to the Dog Owners Liability Act. It deals specifically with the civil liability of dog owners. What To Do After a Dog Bite. While the responsibility for the dog bite will usually rest on the animal owner, there are certain cases when a landlord could be liable. (3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages. The amendments prohibit anyone from owning, breeding, transferring, importing, fighting or abandoning pit bulls in Ontario. © 1999-2020 Kenneth Morgan Phillips. If a dog bites you, you may bring a civil action against the dog's owner for damages. Under the Act, it's illegal for a dog to be 'out of control' or to bite or attack someone. This means a person taking a … However, it is advisable to seek counsel as soon as possible. Liability for dog attacks on the owner’s or any property are specifically governed under the Dog Owners’ Liability Act, 1990 which states, “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.” An owner of a dog may be liable for an attack even if the dog did not previously show a propensity to attack people. Just because your dog is a gentle, timid canine doesnât mean they wonât suddenly bite someone if they feel threatened. * In most cases, if a dog causes harm, the owner of the dog is the one who is solely responsible. 1990, Chapter D.16). (4) An owner who is liable to pay damages under this section is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other person. Injuries associated with dog bites and dog attacks were sustained most frequently by 5-9 year olds (28.5%). There may be a dog fight at the local dog park as you try to break it up, resulting in an injury to your hands. The Dog Owners’ Liability Act makes an owner of a dog strictly liable – that is to say, the injured person does not need to prove the owner was negligent or had knowledge of the dog’s propensity to bite. Part One: Intentional Torts, 9 Fall Safety Tips Every Family Should Know, 15 Important Halloween Safety Tips That Will Keep Your Kids Safe, Signs and Symptoms of Brain Injury: What to Look For Before It’s Too Late, WHITBY LOCATION The area of the law that pertains to dog bite attacks in Ontario is referred to as The Dog Owners Liability Act found in R.S.O. For many of us, our pets are just like our children- only furrier. In Ontario, the law follows a strict liability rule when it comes to dog bite cases. They are responsible for paying the damages, so youâll need to inform them. In Ontario, itâs illegal to own a pit bull unless you owned it before the law was amended. An understanding of the law involved is vital to the success of any claim. The Act states that the owner of a dog is liable for damages resulting from a bite or attack and that liability does not depend on the owner's fault, negligence or knowledge of the propensity of the dog to bite or attack. Dog Law UK – what if my dog bites somebody? Dog bites fall under the provision of Ontario’s Dog Owner’s Liability Act, also known as DOLA. That’s a lot of potential for liability. Speak to the Victim of the Dog Bite Once you are aware that a tenant's dog has bitten someone on your property, you should speak with the victim. In Ottawa and across Ontario, you have two years from the date of the dog bite incident to commence a court action. This is the statue which governs the liability of dog owners in Ontario. 1990, c. D.16, s. 2 (1). If youâre the one who has been attacked, mauled, or bitten by a dog, itâs important that you take the right steps to not only heal your injury, but also to hold the dog owner liable. The Dog Owners Liability Act (Dog Owners' Liability Act, R.S.O. (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. Caring for your dog properly is a proactive measure in preventing them from becoming aggressive. There are 6 different levels of dog bites, ranging from 1 (minor bite with minimal to no skin puncturing) to 6 (fatal bite resulting in death). What about if youâre the one bitten by a dog? The Ontario dog bite law. COVID-19 Outbreak in Long-Term Care Homes and Nursing Homes, What is Tort Law? This also applies if the dog bites another domestic animal. (2) Where there is more than one owner of a dog, they are jointly and severally liable under this section. Make sure you have plenty of documentation that you can use as evidence. In 2005, the Province of Ontario amended the Dog Owners' Liability Act (DOLA) to include broad powers to deal with dangerous dogs in general, as well as a ban on new pit bulls and restrictions on existing pit bulls. When the weather gets warmer, more people naturally head, What Exactly is a Hit and Run in Ontario? But, like many things in life, there are a lot of responsibilities you have as a dog owner. Only two Acts (Prince Edward Island’s and Ontario’s) factor in the dog’s perspective on the circumstances of the bite. Here are some of the factors that will be considered: Depending on how serious your injury is, there are a few options the court will consider when penalizing the dog owner. Whether you own a large dog or a miniature breed, and however calm and friendly your dog is, the Dangerous Dogs Act still applies to you. For example, there are many regulations for pit bull owners. Bringing home a new fur baby to their forever home is an exciting feeling, as itâs time to prepare for a future of love, happiness, and amazing memories. The number of traumatic brain injuries are on the rise in, It’s Peak Time For Brain Injuries! Ontario Canada Contact Conte Jaswal now to book a consultation at one of our offices in Whitby and Vaughan. Essentially, under the law, dog owners are liable for any injury or damage to people or property that their dog causes. Call an ambulance if you need to, and provide first aid if you can. VAUGHAN LOCATION When properly cared for a dog is a safe, reliable … Dogs are considered to be a great family pet and one of the best. Dog bites can happen to anyone, even children and older adults. Dog bites, and bites from any animal in general, can become infected. 711 Brock Street South, Whitby In spite of the strict liability imposed by Ontario law with regar… The Dog Ownersâ Liability Act of Ontario outlines your responsibilities when it comes to your dog. When a dog bites, the owner or owners of the dog are liable for all damages that result. DOLA states that you will not need to prove that the dog owner was negligent to be entitled to a fair settlement. Under the Act, a dog bite is an absolute liability offense. First, itâs important to understand that not all dog bites are the same. In Ontario, the Dog Owner’s Liability Act has been in force since 1990. It states that when a dog bites or attacks a person or another pet, the dog’s owner is liable for any damages that result. However, we also know that, without proper precautions, our beloved canines can become dangerous. 2. Do you know what to do if your dog bites someone? As a member of society, we owe a duty to our fellow Ontario residents to ensure that weâve done our part to keep everyone safe. If the dog has more than one owner, then both or all the owners are equally liable. Dog bites may be reported to public health, animal services, a bylaw officer, the police, or not at all. You donât have to do this alone. More pedestrians and cyclists are involved in hit and, Has Your Dog Just Bitten Someone? The Society aims to make interactions between humans and dogs as safe and enjoyable as possible. Youâre also required to make sure you are training the dog properly and taking action to control them in public. In short, this Act holds a dog’s owner(s) strictly responsible for damages resulting from a dog bite or dog attack. Ontario’s Dog Owner’s Liability Act. A Guide to Understanding Tort Law Part 2: Unintentional Tort Claims In part 1 of our 2-part series, A Guide to Understanding Tort Law Part 1: What is an Intentional Tort? Ontario Dog Bite Laws – When your best friend is in the doghouse. In Ontario, dog owners are strictly liable for their dog's actions. 1990, c. D.16, s. 2 (1). If the tenant hasn’t already done so, let the tenant know that he or she should seek medical attention if they think it is necessary. Whether you did something to provoke the dog, contribute to the attack, or cause the attack to happen. You will be held liable if your dog bites someone or someoneâs pet. This is different than claims arising from motor vehicle accidents or slip or trip and falls. R.S.O. This also applies if the dog bites another domestic animal. Always consider the context and why it matters. Catastrophic Injury A catastrophic injury is one, COVID-19 Outbreak in Long-Term Care Homes and Nursing Homes The novel coronavirus has ravaged, What Are The Symptoms of Brain Damage? The province of Ontario has a Dog Owners’ Liability Act under which the owner of a dog is liable for the damages caused if his or her dog bites someone or attacks a domestic animal. 1990, c. D.16. All rights reserved. If their dog bites someone, they are liable. If youâve suffered a serious injury from a dog bite, we will fight for you. If the victim of a dog bite goes to their doctor, then the incident is reported to public health. The reality is that dog bites happen more often than youâd think. Take note of the Dog Owner’s Liability Act in Ontario, which states the following when it comes to liability of a dog owner for the actions of their dog: Liability of owner 2 (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. Dog bites are one of the big fears many landlords have when allowing their tenants to have pets. Under Section 2.1 of the Act, it states, “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.” Click here for further legal notices. If youâre considering getting a dog, make sure you understand dog owner liability in Ontario before you bring Fido home. If you have your dogâs vaccination or medical record on hand, provide that as well. 8760 Jane Street, Vaughan Weâll go over your case with you and help you consider your options. In Ontario, dog bite incidents are governed by the Dog Owners' Liability Act. For example, they could order the owner to pay a fine, or confine the dog to their property. Whether you were bitten in Whitby, Oshawa, Toronto, Vaughan, or other areas of Ontario, you will most likely be entitled to a settlement due to the strict dog bite laws in Ontario. In Ontario, the law with regards to dog bites is governed by Dog Owners' Liability Act (R.S.O. Most injuries occurred at the victim's own home, 34.2% or other home, 30.3%. Slee Blackwell’s specialist personal injury dog bite team are recognised as some of the best in the country. This is particularly true if this is the first time, to your knowledge, tha… Friendly owner playing with dog, emotional dog pretending to bite hand close-up, animal adoption concept. The Act also outlines specific regulations for certain breeds of dogs that are known to be more aggressive. Part 2: Unintentional Torts, What is Tort Law? In any case, the inconsistency in recording dog bites in Ontario makes it difficult to draw conclusions. This includes taking photographs and keeping all of your medical documents or receipts from treatment. At Conte Jaswal, we love animals. Two important sections state the following: Section 2 (1) – “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.” Essentially, under the law, dog owners are liable for any injury or damage to people or property that their dog causes. Our goal is to hold liable parties accountable for their actions and get you the compensation you deserve. (2) Where there is more than one owner of a dog, they are jointly and severally liable under this section. The Dog Owners’ Liability Act The Dog Owners’ Liability Act of Ontario outlines your responsibilities when it comes to your dog. Despite the fact that dogs are generally considered to be man’s best friend – incidents do frequently happen where dogs bite humans, either their owners or worse still, someone other than their owner. 1990, c. D.16, s. 2 (2). The law is very broad in the way it defines ownership for purposes of holding someone responsible. Youâll also have to contact the dog owner and get their contact information. Case commented on: Holmes v.Edmunds, 2017 ABCA 28 (CanLII) Related area– Residential Tenancies Act, SA 2004, C R-17.1; Occupiers Liability Act, RSA 2000, c O-4; Common law;. This is done to protect the public from future attacks if the dog shows signs of an aggressive nature. 1990, c. D.16, s. 2 (3). (3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on … In Toronto, under the regional bylaw, youâre required to care for your dog and provide the appropriate care and control. Every year, there are approximately 4.7 million dog bites or attacks, and about 20% of those incidents require medical attention. Thousands of dog bites happen every year in Ontario. In Ontario, the law is clear that a dog owner is liable for damages resulting from a dog bite or attack. You may have heard the term, 9 Fall Safety Tips That Will Keep Your Family Safe This Season Itâs that time of year again-, 15 Halloween Safety Tips Every Parent Should Know For most of us, Halloween is a day full of, 5 Signs and Symptoms of Brain Injury You Shouldnât Ignore You canât physically see a brain, Fatalities: Wrongful Death Claims & Settlements, The likelihood that youâll need surgery in the future, Whether the injuries youâve suffered are permanent, If youâve suffered economic losses as a result of the bite or attack, such as lost wages due to missed work for medical treatment. In Ontario, the law for dog bites is governed by the Dog Owners’ Liability Act. A personal injury lawyer can help to make sure you get the maximum compensation possible for your dog bite injuries. But dog owners have a responsibility to their pets and to their community. Be cooperative and provide the victim with your contact information. Dogs really are a person’s best friend. EMAIL JANE TODAY, What is a Catastrophic Injury? In Ontario, dog bite incidents are governed by the Dog Owners’ Liability Act (R.S.O. 1990, c. D.16) provides: 2. Under this Act, the victim does not have to prove that the dog owner was negligent or that the dog’s behaviour was in any particular way caused by the owner. Photographs are important because youâll need to be able to prove that the incident did happen, that your injuries happened as a direct result of the incident, and that the dog belongs to that owner. How much do you know about dog owner liability? We love our pets. The first thing you need to do is seek medical attention as soon as possible. One bite could cost you thousands of dollars, and possibly jail time depending on the situation. This means that if your dog bit somebody, the owner is automatically responsible for the dog… Of all injuries related to dog bites and dog attacks, 57.9% were to males. That’s when it’s time to contact the team at The Baum Law Firm.We handle dog bites and dog attacks in Ontario, Rancho Cucamonga, San Bernardino, Riverside, and nearby cities in California.
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