How much is the dog owner held liable for dog bite/attack?

Trustworthy Legal Services is your Legal Expert helping people with civil disputes in the areas of Employment, WSIB, Small Claims, Landlord & Tenant, and other tribunal matters with the compensation amount of $25,000 or less.   Contact for Legal Advice in Ontario at 647-891-9089.



The Dog Owner’s Liability

According to Section 2(1) of the Dog Owner’s Liability Act (DOLA), it states that “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal”.
 

Basically, if there is any damages caused by your dog bite/attack to other person or domestic animal, the dog’s owner is automatically responsible for all compensation sustained by physical or emotional damages or both, notwithstanding of the dog’s owner knowledge of  his/her dog's propensity to attack or not.   The law places Strict Liability for the interpretation as well as the application of this Act, whereas tort happens when harm occurs even if the defendant has taken reasonable care to prevent it. This is not an defence even if a dog has not attacked/bitten anyone before.    However, if the injured person acted in a way to provoke the dog bite/attack, the contributory negligence is applied to reduce the amount of damages compensated for that dog-bite victim who partially contributed to the damage.   The amount of compensation depends on the severity and proportionality of faults or negligence contributed by the owner.   An offence under this Act can provide for a fine up to $ 10,000 or/and 6 months in jail for individual.  .   
 
 
Exception

The only exception to this Act is when a person is bitten/attacked within the owner’s property, if he or she is committing or with the intention of committing a crime. 
 


The Definition of Dog Owner

Section 1(1) of the Dog Owner’s Liability Act defines that an "owner" as “when used in relation to a dog, includes a person who possess or harbours the dog and, where the owner is a minor, the person responsible for the custody of the minor."   Put it in a more simple language, an owner can be defined as someone who owns a registered dog, who looks after a dog for the owner, or the parent of a minor who looks after a dog for the owner.   If there are two owners for the same dog, they are jointly and severally liable under section 2(2) of the Dog Owner’s Liability Act.



Steps to be taken for dog bite/attack

(a) To obtain names and address from the dog owner;
(b) To get contact if there is any witnesses;
(c) To take photographs of the injuries with the date, time and location indicated;
(d) To seek for medical attention;
(e) To contact animal control department to report the incident;
(f) To get your medical treatment well-documented;
(g) A daily record on how the incident affects your daily life;
(h) To seek for legal advice in regards to dog bite/attack.

 

Limitation Period

The injured person can have up to 2 years from the date of dog bite/attack to submit a claim to the court.
 


Monetary Damages

There are generally two types of damages (i) pecuniary damages and ii) non-pecuniary damages.   Pecuniary damages include what can be physically calculated, such as lost wages, housekeeping, current and future medical expenses, transportation, rehabilitation expense etc.    Non-pecuniary damages can include pain and suffering, nervous shock, emotional distress and such, and any psychological harm should be backed up by the professional report.    Therefore, even if there is no physical harm on the victim, he/she can be entitled to compensation if he/she can prove psychological harm due to escaping from a dog bite/attack. 
 
 
Precautionary Measure
Dog owner should prevent your dog from attacking or posing a nuisance to the safety of persons or domestic animals.  

(a) To put a leash on your dog when outside;  
(b) To train your dog properly;  
(c) To take care of your dog around strangers;  
(d) To educate children how to behave around dogs;  
(e) To purchase homeowner’s insurance that also covers liability for dog bite etc. 


Disclaimer:   This information is not intended to be construed as a legal advice, but strictly for information only in this entire website.   Please contact Trustworthy Legal Service for your independent legal advice in your particular situation.  The first consultation is also required prior to my retainer of your case.



Follow on Facebook, LinkedIn, Google+ and Twitter.

Like/or Share this article if you find it is useful!