Four-legged friends form integral parts of many Ontario families. Cuddles, slobber, and wagging tails are the start to many families’ days. When you get bitten by someone else’s fur baby, though, it may not be a walk in the park. It’s essential to understand the applicable law and your rights as a dog bite victim.
Legal Framework in Ontario
In Ontario, the Dog Owner’s Liability Act (DOLA) is the legislation governing dog bites. According to DOLA, dog owners are held strictly liable for injuries caused by their dogs. This means that regardless of the dog’s history or the owner’s knowledge of its aggressive tendencies, the owner is responsible for injuries caused from a dog bite, with a few exceptions or limitations, which are outlined below.
Fight the Bite Law
Where a dog bite victim has contributed to or caused the bite (for example, injuring a dog or deliberately antagonizing it to the point where it bites), liability of the owner can be reduced proportionate to the extent of the negligence by the victim. You can’t make someone’s dog bite you and then claim damages.
An exception to this is often children, depending on their age. While man’s best friend may often be a great playmate for your young ones, children are particularly vulnerable to dog bite injuries. Kids are small, move quickly, may unintentionally play rough, and can spook dogs quite easily. In fact, children make up a significant portion of dog bite injuries in Ontario. Even the friendliest, most well-behaved dog mixed with unforeseen circumstances or inadequate training can lead to aggression, resulting in injuries. Children will often not be found to have caused or contributed to their injuries where they were too young to understand the consequences of their actions or were unable to anticipate that their actions may lead to a dog bite. If your child has been bitten by a dog, we can help you determine whether your child may be found to be a contributing cause.
Similarly, if you are bitten by a dog in the course of or in contemplation of committing a criminal act on the property where the dog bite takes place, the owner is also not liable for damages incurred by the trespasser.
Rights of Bite Victims
Assuming you neither caused the dog bite nor were committing a crime when you were bitten, dog bite victims have the right to pursue compensation for medical expenses, rehabilitation costs, lost wages, pain and suffering, and other damages resulting from the bite. Some of these damages also include long-term cosmetics or other skin treatments needed to address scarring from the bite.
You may find it hard to bring a claim against a friend or family member when their dog bites you or a loved one. Most home insurance policies will step in to defend the claim for the dog owner, so it is unlikely that your friend or loved one will be personally paying your claim out of pocket.
Conclusion
Dog bites can be serious and can have lifelong impacts. The lawyers at Bergeron Clifford are here to explain this and any other complexities or questions stemming from your dog bite. Remember, there are no fees unless we are successful on your behalf. Call us today to get an assessment of your rights.
RACHEL LAW
Rachel joined Bergeron Clifford LLP in August 2022. Rachel has an undergraduate degree in English from Queen’s University, where she also completed her Juris Doctor. After finishing her articles at the Queen’s Law Clinics, Rachel was called to the Bar in Ontario and worked in family law and social assistance law before joining Bergeron Clifford LLP.
