Understanding Dog Bite Laws and Liability
In Ottawa and throughout Ontario, the Dog Owners Liability Act holds dog owners legally responsible for any damages their pets cause when they bite or attack people or other domestic animals. This liability holds regardless of whether the dog exhibited any signs of dangerous aggression in the past.
In other words, Ontario employs strict liability when it comes to dog bites. This means that dog owners are responsible for ensuring the safety of others in relation to their dogs.
The law recognizes that dogs can be unpredictable, and it requires dog owners to take the precautions necessary to protect others. Ultimately, if you were bit and injured by someone else’s dog, it’s a legal matter, and experienced dog bite lawyers can help.
Common Injuries Seen After Dog Bites in Ottawa
A dog bite can cause very serious injuries, and small children are the most vulnerable. Prime examples of the kind of physical injuries a canine’s powerful jaws can cause include all the following:
- Crush injuries, which can include crushed bones
- Puncture wounds
- Nerve damage
- Head trauma
- Fractured or broken bones as well as dislocated bones
- Limb loss or injuries that require amputation
- Eye injuries, which can include eye loss
- Damage to tendons and muscles
Because dogs rip, tear, and crush the skin and underlying flesh – rather than cutting through it – dog bite injuries are prone to serious infection, are slow to heal, and are closely associated with serious scarring that can be permanently disfiguring. This is not to mention the emotional trauma associated with being viciously attacked by a dog.
Evidence to Support Your Ottawa Dog Bite Claims
Because Ontario does employ strict liability for dog bite cases, you aren’t required to prove that the dog’s owner was negligent in relation to protecting you. The court will, however, be interested in the specific circumstances of your claim and in whether or not your own actions may have played a role in the attack.
The court, in its discretion, can reduce the damages awarded in dog bite cases in direct relation to the degree of fault or negligence that the claimant bears – if any. Generally, fault only attaches to the claimant if they are determined to have provoked the dog in some way. If you are found to have contributed to the losses you suffered, your compensation can be reduced by the percentage of fault that’s assigned to you.
As such, evidence will play a key role in your claim. The kind of evidence that tends be most important includes eyewitness testimony, your own testimony regarding how the attack happened, photos of your injuries, proof of ownership regarding the dog, the expert opinions of relevant medical specialists, proof of your covered losses, and your doctor’s report along with your related medical records.
Compensation for Dog Bite Victims
If you or a loved one was injured by a dog bite, you can seek compensation for the losses you endured in each of the following primary categories:
- Medical expenses, including the cost of ongoing care, rehabilitation expenses, physical therapy, and related future medical bills
- Related out of pocket expenses
- Lost wages, including lost earning potential, lost business opportunities, and any decline in your competitive advantage
- Physical pain and emotional trauma, which can include symptoms related to post traumatic stress disorder (PTSD)
Recovering on your full range of losses will play an important role in your ability to regain your health and well-being to the degree possible.
The Importance of Seeking Medical Attention after an Animal Attack
Dog bites are uniquely dangerous. Not only are dogs capable of breaking bones in the course of an attack, but the injuries they cause are highly susceptible to dangerous infections. If a dog bites or attacks you and breaks the skin in the process, you should seek immediate medical assistance – even if you don’t think you were seriously injured.
Your Health
The bottom line is that the risk associated with dog bites is too serious to take a chance. The shock and adrenaline rush you experience in the aftermath of a dog bite can mask a considerable amount of pain as well as symptoms that you’ve been more seriously injured than you realize. Further, some injuries, including infections, develop relatively slowly. Because improved health outcomes are so closely associated with early medical intervention, seeking immediate medical care is always to your advantage.
Your Dog Bite Claim
Seeking medical attention after a dog bite also bolsters your dog bite claim. The involved insurance company will be looking for any reason to reduce your settlement or to deny your claim altogether, and they could read your failure to seek speedy medical care as a sign that the bite wasn’t especially serious. By obtaining the medical attention you need early on, you let the insurance provider know that you’re taking the matter as seriously as they should.
Filing a Dog Bite Claim in Ottawa
Your dog bite case will be unique to your experience, but there are several important steps that everyone with a claim like yours should take. The most important first step is getting the medical help you need for your dog bite injury. You should also file a report with the animal control authorities at Ottawa Public Health by calling 3-1-1 when you’re able to do so.
Work Closely with a Skilled Dog Bite Lawyer
From here, it’s important to consult with a trusted personal injury lawyer who has a proven track record of securing fair compensation for victims of animal attacks. Their job is guiding your claim effectively and efficiently forward toward a resolution that benefits you.
Protect Your Claim
There are also steps you can take to help protect your dog bite claim – in addition to your health. These include taking your medical team’s instructions and advice seriously and following up on all related medical appointments moving forward.
Working closely with your dedicated dog bite lawyer from the start also helps set the stage for a successful claim. Following their advice in relation to your interactions with the insurance company is in your best interest, and avoiding social media can also help.
What to Expect from the Legal Process
When it comes to your dog bite claim, you can expect the insurance company that’s handling it to try to minimize your settlement. This often involves attempting to assign fault to the dog bite victim, which generally means claiming that they provoked the animal.
Bringing a solid claim is key to receiving fair compensation, and your focused dog bite lawyer is well equipped to to skillfully handle this task. This includes gathering and compiling the relevant evidence, hiring expert testimony, proving the extent of your legal damages, and ably negotiating with the insurance company for terms that adequately reflect your losses.
You can expect your dog bite claim to be legally complex. And you can count on your dog bite lawyer to help guide you smoothly through the legal process toward a favourable conclusion.
Benefits of Hiring a Dog Bite Lawyer in Ottawa
When you have the skilled legal assistance of an accomplished Ottawa dog bite lawyer backing you up, it comes with considerable benefits. Your lawyer will carefully strategize the best legal options for you – given the unique nature of your dog attack claim – and will fiercely advocate on behalf of your rights and your rightful compensation.
Having legal representation in your corner from the outset can make a profound difference in how your claim is resolved. Your claim is important to your recovery, which makes availing yourself of a formidable dog bite lawyer’s professional counsel the best path forward.
How Our Ottawa Dog Bite Lawyers Can Help
The determined Ottawa dog bite lawyers at Burn Tucker Lachaîne have earned an impressive reputation for tirelessly defending our valued clients’ rights in legally complex claims and for obtaining the compensation they deserve. We welcome the opportunity to also serve you and encourage you to reach out for more information by contacting or calling us at 613-777-9038 and scheduling a free initial consultation today.