A leisurely walk in your neighbourhood can turn into a nightmare in a split second - most people think of this scenario as involving a slip and fall accident, or being hit by a car and suffering severe personal injuries.
But the danger may not come from the roads or the sidewalks, but from that lush green lawn in front of the house you pass by every time you go for your walk. Or perhaps you are at a park with your family. Although serious cases thankfully are not as common as car accidents, personal injury from a dog bite is a risk which occurs with more frequency as the weather stays warm, and more of us, including pet owners, go outside for recreation.
If you have been bitten by a dog, a personal injury lawyer can help you get compensated for your injuries and losses. Legislation in Ontario makes an owner of a dog liable for damages resulting from a bite or attack by the dog on another person or domestic animal - so even if your own pet is attacked and injured by another dog, the law makes the other dog owner responsible.
Many people believe that it is necessary for a dog to have attacked or bitten before to make an owner responsible - the Ontario legislation, known as the Dog Owners’ Liability Act, specifically says that the liability of the owner does not depend upon knowledge of the propensity or fault or negligence on the part of the owner. The law does, however, allow your own conduct to be taken into account in apportioning your damages, for example, if it is found that you were negligent or even provoked the attack. It is important to report the attack promptly, though, so that police or animal control will investigate quickly, and obtain information to support your claim, such as witness names and statements, as well as the particulars of who owns the dog.
A personal injury lawyer will help you with your claim for compensation under the Ontario law, including gathering any records from the police (or animal control authorities), gathering medical records and dealing with insurance companies - yes, if a dog owner has a homeowner’s or tenant’s insurance policy, there will likely be insurance coverage for the claim.
Unlike motor vehicle accidents, which have restrictions that limit a person’s right to sue for more minor injuries, there is no such restriction involving dog attacks and bites. Damage claims come in all shapes and sizes, from severe scarring or impairment down to minor abrasions, and can also include psychological trauma from the attack. In many cases, even with a minor attack, the victim must undergo painful treatment (tetanus or rabies shots) as a precautionary measure. Regardless of the nature of your injuries, a personal injury lawyer can work for you to advise you about your rights and to advance your claim for compensation.
If you’ve been bitten or attacked by a dog, don’t allow yourself to get bitten a second time by ignoring the sometimes serious consequences of such an incident - consult a personal injury lawyer and discuss your rights.
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