Claiming Dog Bite Injury Benefits

There are anywhere from one to two million dog bites reported annually in Canada and the United States. Many more, however, go unreported: the dog is owned by someone known to the victim, or the victim feels as though there’s no legal action that can be taken. If you have been injured in a dog attack thereissomething that can be done. Our dog bite lawyers have extensive experience dealing with cases of attack and/or injury by a dog, and we will assist you in receiving the compensation you deserve.

Hiring a Personal Injury Attorney for your Dog Bite Claim

Any victim of a dog attack can begin a proceeding against the owner of the attacking dog through the Ontario Court of Justice. Such measures can be taken whether it was a person who was attacked or another domestic animal, such as your pet. Filing a proceeding may also be a smart preventative move if a dog is “behaving in a manner that poses a menace to the safety of persons or domestic animals”, as stated in theOntario Dog Owners’ Liability Act,or DOLA.

Our personal injury lawyers will assist you in assessing, preparing and fighting for your dog bite claim in court, to ensure a successful outcome. You are entitled to compensation for all damages, including medical expenses, loss of income and pain and suffering.

Owner’s Vicarious Responsibility for a Dog Bite

Under Ontario’s DOLA anyone who is attacked by someone else’s dog can be compensated for any and all “damages from a bite or attack by the dog”. Whether the dog was provoked or not, its owner is held by the Ontario Government completely responsible. In the case of two or more owners, they are jointly liable under the DOLA.

However, the DOLA also states a dog owner is not liable if the victim of the attack is found to be on the dog owner’s property “with the intention of committing, or in the commission of, a criminal act on the premises and incurs damage caused by being bitten or attacked by a dog”. In such a case, the owner is relieved of his or her vicarious liability for the dog’s attack. Though, this statute can be called into question if the owner’s keeping of the dog is deemed “unreasonable for the purpose of the protection of persons or property”.

How Much Can You Expect in Compensation for a Dog Bite?

Compensation depends upon a number of factors, which include but are not limited to the victim’s age, how severe the dog bite victim’s pain and suffering, whether or not there is permanent damage to the victim (i.e. motor coordination of hands, serious facial lacerations, etc…), and other aspects of the case which may complicate the charges and increase compensation.

Because Canada’s Supreme Court put a cap on compensation for pain and suffering during the 1970s, a person can currently only claim between $300,000 and $350,000. Those figures are from 2008, however, and are subject to inflation. Remember that this amount is only for pain and suffering and that as a victim of a dog bite, our personal injury lawyers can also help you seek restitution for other things, such as future medical bills or attendant care, and loss of income.

Final Order for a Dog Bite

Prior to the DOLA, Ontario courts usually handled dog bite proceedings with the phrase: “Every dog is entitled to one bite”. Nowadays, however, Ontario dog owners can face jail time and fines of up to $10,000 for not complying with the DOLA.

If the Ontario Court handling your proceeding finds the dog is a menace to people or other domestic animals, it either orders the dog to be put down—a decision which considers how serious the attack, the dog’s “potential for inflicting harm”, and its past and present behaviour—or orders the owner of the dog to proffer more “effective control” over the animal. Because Ontario has a ban on owning, breeding, or transferring ownership of pit bulls, if the animal involved in the attack is found to be a pit bull, there is no option for effective control of the animal; it will be put down.

Ironically, the breed most likely to bite a human is not a Rottweiler, pit bull, or Staffordshire bull terrier—it’s the cocker spaniel.

The order for “effective control” usually means the owner must put up warning signs about an aggressive animal; the dog is confined to the owner’s property, leashed, and/or muzzled. The owner must also neuter or spay the dog within 30 days, if such a procedure hasn’t already been done.

Dog Bite Statistics

Dog bite injuries make up about 1% of all emergency room visits, according to the Canadian Hospitals Injury Reporting and Prevention Program. Victims are most frequently five- to nine-year-old boys, and the majority of them are attacked above the chest. In an estimated 70% of these emergency room visits, the victim knew the dog, according to the Canadian Safety Council, who adds 25% of the victims lived in the same house as the dog.

What to do after a Dog Attack

If you’ve been the victim of a dog bite, immediately head to an emergency room. Even if the bite-related injury appears minor, you could be at risk for serious disease and infection (especially if the bite has broken skin), including dangerous staph infections and even rabies.

Seeing a medical professional will not only prevent your chance of infection, but the visit can help you find the right way to deal with any emotional trauma—something especially important to manage if the victim is a child. Many underestimate the psychological stress that follows an attack; and a medical professional can also assess how severe this stress, including sleep deprivation and flashbacks, could become. Your doctor’s record of the attack will also invariably play a key role in any court proceeding against the owner of the dog.

It is also in your best interest to speak with a personal injury lawyer immediately. You may be entitled to financial compensation and it’s important to understand what your legal options are.

Dog Bites Can Spread Disease

Make sure your local municipal animal control is notified after a dog attack. Animal control will usually conduct their own investigation into the dog’s veterinary history, any history of prior attacks, and living conditions. They will also decide whether the dog should be kept under quarantined observation (usually this is a house arrest). This ensures that even if the dog has received its scheduled rabies shots, it can be monitored for symptoms. Rabid dogs usually die within seven days and Ontario health units frequently abide by a 10 day rule—if the dog is alive and shows no symptoms, the victim is considered cleared for rabies.

Ultimately it is up to both your attending medical professional and a veterinarian, who assesses the dog’s behaviour, whether or not you begin rabies immunotherapy, while tetanus immunization will depend upon how complicated your wounds are and whether or not your previous immunization record rules it out, according to theCanadian Immunization Guide(fifth edition).