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dog bite laws ontario

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(1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. 1990, c. D.16. Whether you did something to provoke the dog, contribute to the attack, or cause the attack to happen. The Society aims to make interactions between humans and dogs as safe and enjoyable as possible. Contact Conte Jaswal now to book a consultation at one of our offices in Whitby and Vaughan. Friendly owner playing with dog, emotional dog pretending to bite hand close-up, animal adoption concept. That’s when it’s time to contact the team at The Baum Law Firm.We handle dog bites and dog attacks in Ontario, Rancho Cucamonga, San Bernardino, Riverside, and nearby cities in California. The Act states that the owner of a dog is liable for damages resulting from a bite or attack and that liability does not depend on the owner's fault, negligence or knowledge of the propensity of the dog to bite or attack. At Conte Jaswal, we love animals. We’ll go over your case with you and help you consider your options. Essentially, under the law, dog owners are liable for any injury or damage to people or property that their dog causes. For many of us, our pets are just like our children- only furrier. While the responsibility for the dog bite will usually rest on the animal owner, there are certain cases when a landlord could be liable. If you are found somewhat responsible, the dog owner will still be held liable, but the damages will be reduced. Part One: Intentional Torts, 9 Fall Safety Tips Every Family Should Know, 15 Important Halloween Safety Tips That Will Keep Your Kids Safe, Signs and Symptoms of Brain Injury: What to Look For Before It’s Too Late, WHITBY LOCATION Here are some of the factors that will be considered: Depending on how serious your injury is, there are a few options the court will consider when penalizing the dog owner. You’ll also have to contact the dog owner and get their contact information. An owner is anyone who possesses or harbours a dog. This means a person taking a … If a dog bites you, you may bring a civil action against the dog's owner for damages. Make sure you have plenty of documentation that you can use as evidence. Caring for your dog properly is a proactive measure in preventing them from becoming aggressive. Ontario Dog Bite Laws – When your best friend is in the doghouse. If you’re the one who has been attacked, mauled, or bitten by a dog, it’s important that you take the right steps to not only heal your injury, but also to hold the dog owner liable. For example, they could order the owner to pay a fine, or confine the dog to their property. (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. Of all injuries related to dog bites and dog attacks, 57.9% were to males. Under the Act, a dog bite is an absolute liability offense. In Ontario, it’s illegal to own a pit bull unless you owned it before the law was amended. The reality is that dog bites happen more often than you’d think. An understanding of the law involved is vital to the success of any claim. The Dog Owners’ Liability Act The Dog Owners’ Liability Act of Ontario outlines your responsibilities when it comes to your dog. You may have heard the term, 9 Fall Safety Tips That Will Keep Your Family Safe This Season It’s that time of year again-, 15 Halloween Safety Tips Every Parent Should Know For most of us, Halloween is a day full of, 5 Signs and Symptoms of Brain Injury You Shouldn’t Ignore You can’t physically see a brain, Fatalities: Wrongful Death Claims & Settlements, The likelihood that you’ll need surgery in the future, Whether the injuries you’ve suffered are permanent, If you’ve suffered economic losses as a result of the bite or attack, such as lost wages due to missed work for medical treatment. If the tenant hasn’t already done so, let the tenant know that he or she should seek medical attention if they think it is necessary. This is done to protect the public from future attacks if the dog shows signs of an aggressive nature. In more serious cases, the court could order the dog to be sterilized or euthanized, or they could prohibit the owner from being allowed to own a dog for a certain period of time. But, like many things in life, there are a lot of responsibilities you have as a dog owner. Where there is more than one owner of a dog, they are jointly and severally liable for the resulting damages. R.S.O. If you have been the victim of a dog bite or dog attack, then you need an experienced injury lawyer on your side. There may be a dog fight at the local dog park as you try to break it up, resulting in an injury to your hands. © 1999-2020 Kenneth Morgan Phillips. This is the statue which governs the liability of dog owners in Ontario. However, in some cases compensation may be reduced if the victim was found to have provoked the dog. In Ontario, dog bite incidents are governed by the Dog Owners' Liability Act. When properly cared for a dog is a safe, reliable … (3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages. It deals specifically with the civil liability of dog owners. 1990, Chapter D.16) . EMAIL JANE TODAY, What is a Catastrophic Injury? In Ontario, the law with regards to dog bites is governed by Dog Owners' Liability Act (R.S.O. If you’ve suffered a serious injury from a dog bite, we will fight for you. You’re also required to make sure you are training the dog properly and taking action to control them in public. Dog bites are one of the big fears many landlords have when allowing their tenants to have pets. 1990, c. D.16, s. 2 (2). In Ontario, dog bite incidents are governed by the Dog Owners’ Liability Act (R.S.O. Slee Blackwell’s specialist personal injury dog bite team are recognised as some of the best in the country. When you make dog bite claim, for an injury caused by a dog attack, the court will look at certain factors in order to determine your eligibility for a settlement. R.S.O. In spite of the strict liability imposed by Ontario law with regar… This means that if your dog bit somebody, the owner is automatically responsible for the dog… We’ll help you get the compensation you need to carry on with your life. (4) An owner who is liable to pay damages under this section is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other person. Most injuries occurred at the victim's own home, 34.2% or other home, 30.3%. This includes taking photographs and keeping all of your medical documents or receipts from treatment. Just because your dog is a gentle, timid canine doesn’t mean they won’t suddenly bite someone if they feel threatened. Dogs are considered to be a great family pet and one of the best. The Dog Owners' Liability Act, finds that it is the owner or owners of the dog who are liable and this standard of liability is held to a standard of strict liability. This is particularly true if this is the first time, to your knowledge, tha… They are responsible for paying the damages, so you’ll need to inform them. The amendments prohibit anyone from owning, breeding, transferring, importing, fighting or abandoning pit bulls in Ontario. It’s important that dog owners understand the laws that affect them in the province they live in, as the laws can differ significantly from province to province. Photographs are important because you’ll need to be able to prove that the incident did happen, that your injuries happened as a direct result of the incident, and that the dog belongs to that owner. If someone suffers injury as a result of a dog bite or attack then there are usually two possible ways of making a claim involving the dog bite laws. For example, there are many regulations for pit bull owners. You don’t have to do this alone. Dog bites can happen to anyone, even children and older adults. Dog bites, and bites from any animal in general, can become infected. Essentially, under the law, dog owners are liable for any injury or damage to people or property that their dog causes. Ontario Canada This also applies if the dog bites another domestic animal. Dog bites may be reported to public health, animal services, a bylaw officer, the police, or not at all. Understand that the victim has rights. (2) Where there is more than one owner of a dog, they are jointly and severally liable under this section. Bringing home a new fur baby to their forever home is an exciting feeling, as it’s time to prepare for a future of love, happiness, and amazing memories. Click here for further legal notices. Every year, there are approximately 4.7 million dog bites or attacks, and about 20% of those incidents require medical attention. The Act stipulates that an owner of a dog is liable for any damages that result from a bite or attack by his dog on another person or domestic animal. Ontario’s Dog Owner’s Liability Act. Whether you were bitten in Whitby, Oshawa, Toronto, Vaughan, or other areas of Ontario, you will most likely be entitled to a settlement due to the strict dog bite laws in Ontario. It states that when a dog bites or attacks a person or another pet, the dog’s owner is liable for any damages that result. The Act also outlines specific regulations for certain breeds of dogs that are known to be more aggressive. If the victim of a dog bite goes to their doctor, then the incident is reported to public health. Two important sections state the following: Section 2 (1) – “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.” Despite the fact that dogs are generally considered to be man’s best friend – incidents do frequently happen where dogs bite humans, either their owners or worse still, someone other than their owner. Always consider the context and why it matters. Be cooperative and provide the victim with your contact information. The Dog Owners’ Liability Act makes an owner of a dog strictly liable – that is to say, the injured person does not need to prove the owner was negligent or had knowledge of the dog’s propensity to bite. The Ontario SPCA is very concerned about biting incidents and believes that understanding dog behaviour and practicing responsible dog care can be major steps towards bite prevention. In Ontario, the Dog Owner’s Liability Act has been in force since 1990. Basically, if a dog bites you, the law points in part to the Dog Owners Liability Act. The area of the law that pertains to dog bite attacks in Ontario is referred to as The Dog Owners Liability Act found in R.S.O. The Ontario dog bite law. As a dog owner, the most important thing you can do is take proactive measures to prevent these incidents from happening. They’re always there for us, whether we need protection or just a snuggle. Either a dog gets loose and comes up on your property, biting you on the leg as you turn around. You will be held liable if your dog bites someone or someone’s pet. 711 Brock Street South, Whitby 1990, c. D.16) provides: 2. Injuries occurred most often in the summer, 37.7%, and most frequently between the hours of 4 and 8 p.m., (32.7%). * In most cases, if a dog causes harm, the owner of the dog is the one who is solely responsible. In Ontario, dog owners are strictly liable for their dog's actions. 1990, c. D.16, s. 2 (3). If you’re considering getting a dog, make sure you understand dog owner liability in Ontario before you bring Fido home. Take note of the Dog Owner’s Liability Act in Ontario, which states the following when it comes to liability of a dog owner for the actions of their dog: Liability of owner 2 (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. Under the Act, it's illegal for a dog to be 'out of control' or to bite or attack someone. The number of traumatic brain injuries are on the rise in, It’s Peak Time For Brain Injuries! Liability for dog attacks on the owner’s or any property are specifically governed under the Dog Owners’ Liability Act, 1990 which states, “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.” An owner of a dog may be liable for an attack even if the dog did not previously show a propensity to attack people. When a dog bites, the owner or owners of the dog are liable for all damages that result. If you do have a “grandfathered” pit bull, you are required to keep it muzzled outside of your property and sterilize it to prevent breeding. When the weather gets warmer, more people naturally head, What Exactly is a Hit and Run in Ontario? COVID-19 Outbreak in Long-Term Care Homes and Nursing Homes, What is Tort Law? All rights reserved. (3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on … 1990, Chapter D.16). If you have your dog’s vaccination or medical record on hand, provide that as well. Under this Act, the victim does not have to prove that the dog owner was negligent or that the dog’s behaviour was in any particular way caused by the owner. What To Do After a Dog Bite. In Ottawa and across Ontario, you have two years from the date of the dog bite incident to commence a court action. The first thing you need to do is seek medical attention as soon as possible. If their dog bites someone, they are liable. They can contact animal control, the police, and a lawyer if they feel they are suffering serious injuries. The Dog Owners Liability Act (Dog Owners' Liability Act, R.S.O. There are over 500,000 dog bites reported in Canada each year. Return to your topic: Plain English Overview of Dog Bite Law When Dogs Injure Other Dogs Those who own, harbor or keep a dog may be held responsible for the payment of compensation if it harms a person, a domestic animal, a farm animal, or property of any sort. Case commented on: Holmes v.Edmunds, 2017 ABCA 28 (CanLII) Related area– Residential Tenancies Act, SA 2004, C R-17.1; Occupiers Liability Act, RSA 2000, c O-4; Common law;. One bite could cost you thousands of dollars, and possibly jail time depending on the situation. That’s a lot of potential for liability. Call an ambulance if you need to, and provide first aid if you can. More pedestrians and cyclists are involved in hit and, Has Your Dog Just Bitten Someone? 1990, c. D.16, s. 2 (2). VAUGHAN LOCATION A Guide to Understanding Tort Law Part 2: Unintentional Tort Claims In part 1 of our 2-part series, A Guide to Understanding Tort Law Part 1: What is an Intentional Tort? The law is very broad in the way it defines ownership for purposes of holding someone responsible. Thousands of dog bites happen every year in Ontario. Under Section 2.1 of the Act, it states, “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.” Dog Law UK – what if my dog bites somebody? Dogs really are a person’s best friend. Dog bites fall under the provision of Ontario’s Dog Owner’s Liability Act, also known as DOLA. If you share custody of a dog, for example with a spouse or common law partner, you will both be held liable for the dog’s actions. However, we also know that, without proper precautions, our beloved canines can become dangerous. In Ontario, the law follows a strict liability rule when it comes to dog bite cases. Ontario holds dog owners strictly liable for dog bites. This is different than claims arising from motor vehicle accidents or slip or trip and falls. Here are three times you could be at fault. First, it’s important to understand that not all dog bites are the same. In Ontario, the law is clear that a dog owner is liable for damages resulting from a dog bite or attack. If the dog has more than one owner, then both or all the owners are equally liable. In any case, the inconsistency in recording dog bites in Ontario makes it difficult to draw conclusions. How much do you know about dog owner liability? R.S.O. (2) Where there is more than one owner of a dog, they are jointly and severally liable under this section. DOLA states that you will not need to prove that the dog owner was negligent to be entitled to a fair settlement. Even if the victim provoked the dog in some degree, you will still be held negligent and will pay a reduced fine. 1990, c. D.16, s. 2 (1). 8760 Jane Street, Vaughan Whether you own a large dog or a miniature breed, and however calm and friendly your dog is, the Dangerous Dogs Act still applies to you. There are 6 different levels of dog bites, ranging from 1 (minor bite with minimal to no skin puncturing) to 6 (fatal bite resulting in death). R.S.O. Part 2: Unintentional Torts, What is Tort Law? But dog owners have a responsibility to their pets and to their community. If your dog bit someone, the first thing you should do is restrain your dog and attend to the victim. In short, this Act holds a dog’s owner(s) strictly responsible for damages resulting from a dog bite or dog attack. While oftentimes the owner of the dog can be partially blamed for the attacks, such as a lack of training, or the dog being unleashed, our laws in Ontario are set up in such a way that dog owners are the party at fault in a dog bite attack. Do you know what to do if your dog bites someone? In Toronto, under the regional bylaw, you’re required to care for your dog and provide the appropriate care and control. We love our pets. This standard of liability is favourable to the person who is bitten by the dog, since it need only be proved that the dog bite occurred for this standard of strict liability to apply. Injuries associated with dog bites and dog attacks were sustained most frequently by 5-9 year olds (28.5%). 1990, c. D.16, s. 2 (1). Ontario Canada Demand Letter and Brief for Dog Bite Case, Avoiding Liability When Working With Dogs, Litigation forms and other materials for attorneys, If your case involves injury to a dog, see When a Dog Is Injured or Killed, The Undemurrable Complaint and Supporting Authorities - California. However, it is advisable to seek counsel as soon as possible. A personal injury lawyer can help to make sure you get the maximum compensation possible for your dog bite injuries. What about if you’re the one bitten by a dog? This includes providing it with exercise, food and water, protection from the elements, and so on. Only two Acts (Prince Edward Island’s and Ontario’s) factor in the dog’s perspective on the circumstances of the bite. The Dog Owners’ Liability Act of Ontario outlines your responsibilities when it comes to your dog. R.S.O. 2. Our goal is to hold liable parties accountable for their actions and get you the compensation you deserve. Speak to the Victim of the Dog Bite Once you are aware that a tenant's dog has bitten someone on your property, you should speak with the victim. In 2005, the Province of Ontario amended the Dog Owners' Liability Act (DOLA) to include broad powers to deal with dangerous dogs in general, as well as a ban on new pit bulls and restrictions on existing pit bulls. The province of Ontario has a Dog Owners’ Liability Act under which the owner of a dog is liable for the damages caused if his or her dog bites someone or attacks a domestic animal. As a member of society, we owe a duty to our fellow Ontario residents to ensure that we’ve done our part to keep everyone safe. In Ontario, the law for dog bites is governed by the Dog Owners’ Liability Act. If you are the victim of a dog bite or attack, you can be compensated for any damages sustained, including pain and suffering. Catastrophic Injury   A catastrophic injury is one, COVID-19 Outbreak in Long-Term Care Homes and Nursing Homes The novel coronavirus has ravaged, What Are The Symptoms of Brain Damage? This also applies if the dog bites another domestic animal. Even good dogs have bad days Be cooperative and provide the appropriate care and control law UK – what if my dog bites happen year... Canines can become infected for any injury or damage to people or property their. Causes harm, the dog bites in Ontario bites in Ontario, dog owners and possibly jail depending... Family pet and one of our offices in Whitby and Vaughan who is solely responsible pets to. 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