Dog bites and animal attacks can turn a pleasant day into a traumatic ordeal. In Ontario, where pets are a beloved part of many households, these incidents are more common than you might expect. If you or a loved one has been injured by a dog, you may be entitled to compensation for your injuries—but the legal process can be complex. At PMP Law, we're here to help you understand your rights and pursue the justice you deserve.
The Prevalence of Dog Bites in Ontario
Each year, thousands of Ontarians seek medical attention for dog bites, ranging from minor scratches to severe wounds requiring surgery. Children and seniors are especially vulnerable, often suffering injuries to the face, hands, or legs. Beyond physical harm, victims may face emotional trauma, such as a lasting fear of dogs, and financial burdens from medical bills or time off work. While most dogs are friendly, even a well-behaved pet can bite under stress or provocation.
Legal Responsibility: Ontario's Dog Owners' Liability Act
In Ontario, dog bite cases are governed by the Dog Owners' Liability Act, R.S.O. 1990, c. D.16. This law imposes strict liability on dog owners, meaning they can be held responsible for injuries caused by their dog—regardless of whether they knew the animal was dangerous. Unlike other personal injury claims, you don't need to prove the owner was negligent in how they managed or trained the dog. If their dog bit you, they're typically liable. The dog owner's home insurer is likely to respond to the claim and payout any damages.
However, there are exceptions. If you provoked the dog (e.g., teasing or hitting it), or if you were trespassing on private property at the time of the attack, the owner might argue that you contributed to the incident. This could reduce your compensation under Ontario's contributory negligence rules.
What Compensation Can You Seek?
If you've been injured by a dog, you may be eligible to claim damages for:
- Medical Costs: Emergency care, stitches, surgery, or vaccinations (e.g., rabies shots).
- Future Treatment: Ongoing treatment that you will require as a result of the incident.
- Loss of Income and Competitive Advantage: Past and future loss of income due to an inability to return to work as well as a loss of competitive advantage if you are able to return to work.
- Loss of Housekeeping Capacity: Past and future housekeeping expenses as well as a reduced capacity to perform the housekeeping tasks that you were previously responsible for.
- Pain and Suffering: Physical pain and psychological distress, such as anxiety or PTSD, as well as for any scarring or cosmetic surgery.
- Other out of Pocket Expenses.
Steps to Take After a Dog Bite
Acting quickly can protect your health and strengthen your case. Here's what to do:
- Seek Medical Attention: Even minor bites can lead to infections like tetanus or rabies. Get treated immediately and keep records of all care received.
- Identify the Owner: Ask for the dog owner's name, contact information, home insurance information, and proof of the dog's vaccination history. If the dog was a stray, note its description and location.
- Document the Incident: Take photos of your injuries, the scene, and the dog (if safe). Collect witness names and statements if others saw the attack.
- Consult a Lawyer: Dog bite claims often involve disputes over liability or insurance coverage. A personal injury lawyer can ensure your rights are protected.
Challenges in Dog Bite Claims
While the law favors victims, pursuing compensation isn't always straightforward. Common hurdles include:
- Uncooperative Owners: Some refuse to provide information or deny responsibility.
- Insurance Issues: Homeowners' insurance usually cover dog bites, but insurers might fight claims or offer low settlements.
- Proving Damages: You'll need evidence—like medical reports and expert reports —to show the full extent of your injuries.
Why Timing Matters
In Ontario, you generally have two years from the date of the dog bite to file a lawsuit. However, notifying the owner and their home insurer should happen as soon as possible—ideally within days —to preserve your claim. Waiting too long could weaken your case or allow critical evidence to disappear.
How We Can Help
At PMP Law, our experienced personal injury lawyers understand the physical and emotional toll of a dog bite. We'll investigate the incident, negotiate with insurers, and fight for the maximum compensation you're entitled to under Ontario law. Whether you're dealing with an uncooperative owner or a complex insurance dispute, we're here to support you every step of the way.
Take Action Today
A dog bite can leave lasting scars - both physical and psychological - don't let it leave you without recourse.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
