A Familiar Encounter Can Change in an Instant
Dog attacks happen far too often. Sometimes the dog is a beloved family pet. Other times, it is a seemingly friendly dog pooch at the park or on your weekly promenade around the block.
A dog may become frightened, startled, or overwhelmed and react without warning. A dog may also just be:
- aggressive,
- be in a bad mood, or
- be hurt for some unrelated reason
This can cause a dog to be on edge and attack unexpectedly. Whatever the circumstances, the person who is attacked may be left with serious injuries, emotional trauma and lifelong scars.
That is what happened to one of our clients.
A Sudden Dog Attack in a Familiar Setting
Our client was enjoying a summer evening with friends and neighbours when they encountered a neighbour’s dog that they did not know. They were joking, laughing, and having fun, and as our client went to leave, without warning, the dog lunged and bit them in the face.
Our client was rushed to the emergency room, where they received treatment for deep facial lacerations.
The Scars You Can See, and the Ones You Can’t
Cuts, no matter how deep, will eventually heal. But recovery is rarely quick or simple. Deep wounds can leave permanent physical scars, while the emotional consequences may include:
- anxiety,
- depression,
- fear, and
- loss of confidence.
Our client was left with several visible scars on their face, dental trauma, and well as emotional scars that others could not see. The emotional scars were significant and will probably last forever. As is often the case for someone with permanent facial scarring, the daily reminder in the mirror made the psychological effects even more difficult to overcome.
Due to the location and prominence of the scarring, our client was faced with:
- the lifelong requirement to have a dedicated skin-care routine,
- exercise caution in sunlight, harsh winds, and hot and cold temperatures, and
- take precautions to avoid further injury to protect and preserve the scarred skin.
Who Is Responsible When a Dog Bites in Ontario?
Liability in an Ontario dog-bite case is often relatively straightforward.
Under the Dog Owners’ Liability Act, a dog owner is liable for damages resulting from a bite or attack on a person or another domestic animal. When a dog has more than one owner, the owners are held jointly and severally liable.
This is known as strict liability. A victim does not generally need to prove that the owner knew the dog had a history or tendency toward aggression. Liability also does not necessarily depend on proving that the owner was negligent, for example, by leaving the dog unattended or allowing it to be off-leash.
The caveat is that the Act does allow for damages to be reduced when:
- the injured person’s actions contributed to the incident, or
- when another person is alleged to have caused or contributed to the dog biting or attacking.
In this case, there was no room to dispute that the responsibility for the attack laid squarely at the feet of the owners. While the owners attempted to suggest that our client leaned in too close or otherwise provoked the dog, the law is clear that absent some significant intervening act by the injured person, strict liability applies and the owner is liable.
A Resolution That Made Healing the Priority
Not every personal injury case proceeds to trial. In fact, most cases are resolved before a trial takes place. Sometimes, when a person’s injuries are very clear, and the liability of the Defendant is unquestionable, a timely resolution can be made.
In any case we take on, we conduct preliminary investigations. This entails speaking to witnesses, gathering medical evidence, obtaining incident reports, and gathering any other relevant information. The information we receive helps inform us on both liability and damages.
In this case, we were able to get these records early on, which enabled us to move the case forward at a pace that reflected our client’s desire to move forward.
For this client who needed closure and the ability to heal, we were able to reach a resolution without requiring our client to be examined by the Defendant, and before we even had to issue a claim.
We were proud to represent this client and help them focus on healing from both the visible scars and the ones no one else could see.
Bitten by a Dog? Know Your Rights
Unfortunately, man’s best friend can sometimes become a person’s worst nightmare.
You can learn more about dog-bite injuries and the legal rights of victims in Ontario in the following blogs:
- That Bites: Navigating Dog Bite Injuries in Ontario, written by me
- Dog Bite Laws in Ontario: What Victims Need to Know, written by Burke Derbyshire
- What You Should Know About Dog Bite Attacks in Ontario, written by Casey Dorey
If this case study feels uncomfortably familiar because you or someone you know has been bitten or attacked by a dog, contact us today for a free consultation about your legal rights.
