If you’ve experienced a dog bite in Ontario, you might be wondering if it qualifies as a personal injury and if you’re entitled to compensation. The short answer is yes—Ontario law provides pathways for dog bite victims to seek compensation for their injuries. Here’s everything you need to know about the steps to take, the legal framework, and your rights as a victim or a dog owner.
What to Do After a Dog Bite in Ontario
If a dog bites you, it’s essential to act quickly and decisively to protect your health and strengthen any potential claims for compensation:
1. Seek Immediate Medical Attention
Your health is the top priority. Visit an emergency room or healthcare provider to have the wound treated and to document the injury. Dog bites can carry risks of infection, so prompt care is crucial. It is also common for victims of dog bites to suffer emotional or psychological injuries. Please be sure to be assessed for such injuries.
2. Gather Information
If possible, identify the dog’s owner and obtain their name and contact information. Collect contact details of any witnesses as well. If you’re able, take photographs of the injury and the scene where the bite occurred. If the dog owner is uncooperative, take a picture of the owner and dog, if possible and safe to do so.
3. Document the Incident
Write down all the details while the event is fresh in your memory. Include the time, location, and circumstances of the bite. Witness statements can further support your claim. Take photos of your injuries.
4. Retain Medical Records
Keep all medical reports, prescriptions, and receipts related to your treatment. These documents will be vital if you decide to pursue a claim.
Ontario’s Dog Bite Laws: Key Points
Dog bite incidents in Ontario are governed by the Dog Owners’ Liability Act (DOLA). This legislation holds dog owners strictly liable for injuries their dogs cause, regardless of whether the dog had previously shown aggression. However, there are a few exceptions and nuances to consider:
- Contributory Negligence: If the victim provoked the dog—for example, by taunting or teasing—it could reduce the compensation awarded.
- Guardian Responsibility: If a minor is bitten, their parent or guardian might share some responsibility if they failed to supervise the child properly.
- Protecting Property: If the dog bite occurred while the dog was defending property during a crime, the circumstances may fall outside typical personal injury cases.
In most cases, compensation is covered by the dog owner’s home insurance policy, not out of their pocket directly. This means the insurance company, rather than the owner, will handle the claim.
Types of Compensation Available
Victims of dog bites in Ontario can claim compensation for various damages, including:
- Costs for emergency treatment, follow-up care, and reconstructive surgery.
- Wages lost due to time off work for recovery.
- Compensation for emotional and physical distress.
- Long-term treatments, therapies, or permanent disfigurement-related expenses.
Responsibilities of Dog Owners
As a dog owner in Ontario, you are legally responsible for any harm your dog causes to people, pets, or property. Here’s how to minimize risks:
- Keep your dog leashed unless in a designated off-leash area.
- Train your dog and address aggressive behaviours through specialized programs.
- Avoid putting your dog in situations where past aggression may be triggered.
Insurance Implications
Owning certain dog breeds or a dog with a history of aggression may increase your home insurance premiums. Some insurers exclude coverage for specific breeds.
Preventing Dog Bites: Tips for Owners and the Public
For Dog Owners
Proper training and socialization are key. Enroll in classes for puppies or adult dogs, especially if your dog has shown signs of aggression. Always supervise your dog in public spaces.
For Individuals
Don’t approach unfamiliar dogs, especially without the owner’s permission. Stay calm and avoid sudden movements if a dog shows aggression. Give the dog space and avoid making direct eye contact, which can be perceived as threatening.
Why Legal Representation Matters
Navigating the legal and insurance systems after a dog bite can be complex. Consulting with our team at David Hollingsworth ensures that your rights are protected and that you receive fair compensation. We are experienced lawyers who will help you handle claims, negotiate with insurance adjusters, and represent your best interests in court if necessary. Reach out to us today if you or a loved one has been the victim of a dog bite and are considering pursuing legal action.
