What the Law Says About Dog Bites in Ontario
In addition to serious physical injury, dog bites can cause significant emotional distress. In Ontario, the Dog Owners’ Liability Act clearly states that a dog’s owner(s) is responsible for that dog’s actions, and the injuries they sustain as a result.
Despite the clarity in legislation, many people aren’t familiar with the law around dog attacks in Ontario. Let’s take a closer look at how Ontario’s legal system deals with dog bites. It’s a topic with which our personal injury lawyers at Ross & McBride are very familiar.
What Laws Apply to Dog Bites or Dog Attacks?
As stated above, the Dog Owners’ Liability Act provides the statutory authority for how dog bites/attacks are governed under Ontario law. This law makes it a requirement that dog owners take reasonable steps to prevent attacks and clearly states that “the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person…”. In legal circles, we call this “strict liability”, essentially meaning it is automatic that the person who owns the dog is at fault, and the attacked person does not have to prove the dog owner was negligent or did not take proper precautions in order to receive compensation from the owner (or their insurance company). Essentially if you own the dog, and it bites someone, you’re at fault.
Further, the Act outlines penalties for dog owners if their animal is found to be problematic, which can include fines, limitations on their dog’s freedom or in extreme cases requiring the animal to be euthanized. In the most extreme cases, for repeat offenders, you might be banned from owning another dog.
Much of the Act relates to specific breeds of dogs (i.e. pit bulls), and limitations on the ownership, breeding and selling of these animals.
In addition to the Act, many municipalities have their own bylaws that apply to pets, often requiring them to be leashed in public places and other safety measures. Violating these bylaws usually results in a fine, but in some cases there may be other consequences, including having your dog taken from you.
What Should You Do If a Dog Bites You?
Dog bite injuries usually involve, at a minimum, punctures to the skin with risk of scarring and infection. Your first priority should be to remove yourself from the situation of danger and get immediate medical attention. Once you are out of danger, contact a dog bite lawyer who can guide you on what evidence to collect to back up a claim against the owner.
As a result of the “strict liability” nature of dog attacks, the most challenging part of establishing liability can be establishing the owner of the dog. If possible, while still at the location of the incident, have someone get the name and contact information of the dog’s owner and, if possible, take photos of the dog. Sometimes dog owners are fully cooperative and apologetic, but there are many cases where they are defensive, combative and refusing to cooperate. If you find yourself in this situation, contacting the police is advisable, as they will ensure your safety, as well as ensure that the individual’s name is recorded in a police report (even if no charges are laid).
It is, unfortunately, not uncommon for dog owners to blame the individual bitten for having “instigated” the attack, and to attempt to shift blame away from their dog. They will often have quite a different version of what occurred than the individual bitten, with both sides firmly believing their own version of events. Identifying and getting the contact information for any witnesses to the incident can also be very useful.
You should also take photos of the injuries before treatment. Keep records of your medical appointments and expenses, lost workdays and other effects of the injuries.
Never make any agreement with the dog owner about whether or not you’ll be pursuing a claim at the scene. In fact, avoid talking about this entirely if possible. Focus on establishing their identity and getting treatment for your injuries.
What Should You Do If Your Dog Bites a Person or a Pet?
If your dog has bitten a person or a pet, you will almost certainly be liable for expenses and damages under Ontario law.
While not common, there are situations in which you may not be 100 % at fault. Those include such things as:
- Whether the incident happened on your property and the individual was trespassing while the dog was otherwise secure;
- Whether the individual was asked to not interact with the dog, but continued to despite your requests and warnings;
- Whether the individual did anything to antagonize the dog.
On this last point, it’s common human nature to find dogs cute, and for people passing by those walking dogs to have brief interactions with dogs and vice versa. This alone would not constitute “antagonizing” or reduce your liability if your dog attacks someone under those circumstances.
If you are a home owner, or have rental insurance as a tenant, you likely have coverage for injuries caused by pets against other people. This is something all dog owners should have in place to protect them, regardless of how well-behaved their animal has been in the past.
If this is the case, following an incident, take notes about the incident and the aftermath, to ensure your memory remains fresh. If you receive notice from the other person about a claim, immediately speak to your insurance company to make sure you meet their notice requirements. Failing to do so can cause issues with coverage.
If you have proper insurance coverage, the insurance company will defend the claim, hire a lawyer to protect your rights, and pay compensation owed as a result (including the negotiations for any settlement). Essentially, your role is basically as a witness, even though you’re the Defendant in the claim.
If you don’t have insurance, you may be personally liable to pay compensation as well as hiring your own lawyer to defend the case.
Questions About Dog Bites and the Law?
Contact our Personal Injury Law team at Ross & McBride. We provide a free consultation to help you navigate the laws surrounding dog bites in Ontario.
