Dog Bites in Ontario: Who is Liable?
Although a dog is typically considered a “man’s best friend”, they can quickly become an enemy. As we’ve seen and heard time and time again, a dog can quickly turn aggressive and bite someone. If you are the owner of a dog, it is important that you ensure your dog is well-trained and non-combative. However, if an accident does occur, you should also be aware of the repercussions. A dog may be friendly with its’ owner but become dangerous around others it perceives as a stranger.
When a dog bites someone, it can be a traumatizing experience for everyone involved. The owner may be in distress because they’ve never seen their dog in that manner and the actual victim will understandably be in distress from being bit. Unfortunately, because dog attacks happen quite frequently, the Dog Owners’ Liability Act (the “Act”) is in place to provide recourse and direction.
The Act is a piece of legislation that governs dog owners. It outlines the responsibilities of dog owners, what breed of dogs are allowed in Ontario, and also what happens after a dog bites someone.
With that being said, the question presented and answered in this blog is:
What happens if my dog bites someone?
What is Strict Liability?
Let’s start with liability and responsibility when it comes to a dog biting someone. Strict liability refers to a type of liability that does not depend on actual negligence or an intent to harm.
Section 2(1) of the Act 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.”
Furthermore, section 2(3) states:
“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.”
Lastly, section 2(4) states:
“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’s fault or negligence caused or contributed to the damages.”
Dog Owners' Liability Act, RSO 1990, c D.16
In Ontario, dog owners are deemed to be strictly liable for their dog’s actions. This means that if an owner’s dog bites someone, they are automatically liable. In certain circumstances however, compensation to the victim may be reduced if they are found to have contributed to the attack. This could happen if the individual provoked the dog before being attacked.
It’s important to note that it’s not just a dog owner that could be held liable for a dog bite. In the Act, the definition of an “owner” is described as “a person who possesses or harbours the dog and, where the owner is a minor, the person responsible for the custody of the minor.” This means that a dogsitter or dog walker can still be considered liable if the dog they are watching bites someone.
What Happens If a Dog Bites Someone?
If you are a dog owner and your dog bites someone, the first thing you should attempt to do is restrain the animal. Once the animal has been restrained and is no longer able to harm anyone, you should immediately seek care and medical attention for the individual bitten. If you are the person bitten or with someone that has been bitten, after seeking medical attention you should do your best to try and get the personal information of the dog owner. It will be imperative that you also take photos of your injuries. All of this will be important if and when you choose to seek legal compensation for the attack.
A person that has been attacked and bitten by a dog can seek compensation for:
Injuries sustained from actual bites, scratches, or from being knocked down
Pain and suffering endured which stems directly from emotional trauma
Medical expenses you are exposed to from having to treat your injury including tests and vaccines
Any health complications that stem from the injury like rabies or tetanus
Even if a person is not actually bitten, the attempted attack can still be very traumatizing. As such, compensation can also be awarded for emotional and psychological trauma. Although the scars may not be visible, an attempted dog attack can severely impair a person’s quality of life. The affected party may develop a fear of dogs, or if they already had one, the fear may be heightened. This trauma could even develop into PTSD, so compensation would be warranted here.
The same steps apply and are recommended if a dog bites another dog. The owner of a dog that bites another dog would be liable for the attack and would likely have to provide compensation to the other dog owner.
What Happens if a Dog Attacks a Robber?
As previously mentioned, dog owners are strictly liable for their dog’s attacks. However, would this still apply if a robber broke into your home and your dog attacked them? In this scenario, the dog owner would not be liable for the attack. This is because the individual robbing your home was attempting to commit a crime. A dog owner would only be found to be liable if the keeping of their dog was found to be unreasonable for the purpose of protecting the people or the property.
As a dog owner, you never want to see your furry friend attack anyone. This is an incredibly distressing experience and can happen unexpectedly. Even the most well-trained and friendly animals can still attack another individual. All you can do is stay vigilant and be aware of your dog and their surroundings. Always have your dog on a leash and respect the personal space of strangers, even if you think your dog is friendly.
If you unfortunately experience a dog attack, seek medical attention immediately and if possible, take photos and note the information of the dog owner. This attack can be traumatic – your physical and emotional safety will be compromised - so it is important to prioritize this immediately afterwards.
