What Should You Do After a Dog Bite or Attack in Ontario?

Oct 13

A dog bite or attack can leave you dealing with physical injuries, emotional distress and unexpected financial consequences. Whether the incident happens in a park, on a sidewalk or at someone’s home, taking appropriate steps afterward can help protect both your health and your legal rights.

Get to Safety and Identify the Dog’s Owner

Move to a safe location. When it is safe to do so, obtain the dog owner’s name, address and telephone number. If someone else was handling or caring for the dog at the time, collect their information as well.

Record a description of the dog and obtain the names and contact information of anyone who witnessed the incident. If photographs or video can be taken safely, they may also become important evidence later.

Why You Must Attend an Emergency Room or Urgent Care Clinic

Always seek professional medical treatment promptly, regardless of how minor the injury initially appears. Dog bites can cause infection or injuries beneath the skin that may not be immediately obvious. A healthcare professional can assess the injury and determine what treatment is appropriate.

Prompt medical attention also creates a contemporaneous medical record documenting the nature of your injuries and their connection to the dog bite or attack.

Report the Incident

The incident should also be reported to the appropriate local authorities. This may include your local public health unit and municipal animal services. In Toronto, for example, animal-related incidents can be reported through 311.

These authorities may investigate the circumstances of the incident, assess any public-health concerns and determine whether further measures involving the dog are required. An official report may also provide useful evidence if a personal injury claim is later pursued.

Understanding Ontario’s Dog Bite Law

Ontario’s Dog Owners’ Liability Act (“DOLA”) provides important protection to people injured by dogs.

Under DOLA, the owner of a dog is liable for damages resulting from a bite or attack. This is referred to as strict liability. An injured person does not have to prove that the owner knew the dog was dangerous or that the dog had bitten someone before.

The term “owner” can also be broader than the person who purchased or registered the dog. It may include someone who possesses or harbours the dog. Depending on the circumstances, a person who is temporarily caring for and exercising control over a dog may also qualify as an owner. More than one person can potentially be considered an owner under DOLA.

Does DOLA Apply If There Was No Direct Bite?

Yes. DOLA applies to both a “bite” and an “attack.”

A person may therefore have a claim even where there was no direct bite. For example, a dog may lunge at, chase or knock someone over, causing that person to fall and suffer an injury. Whether a particular incident amounts to an attack will depend on the circumstances.

Can Your Own Conduct Affect the Claim?

Although an owner’s liability under DOLA does not depend on proving negligence, the injured person’s own conduct can still be relevant.

The court may reduce compensation where the injured person’s fault or negligence contributed to the incident or the resulting damages.

Depending on the circumstances, an insurer may argue that a person contributed to the incident by intentionally provoking or striking the dog, disregarding clear warnings, entering an area without permission, or otherwise acting in a manner that contributed to the attack. However, the presence of one of these circumstances does not automatically establish contributory fault. Each case must be assessed based on its particular facts.

Preserving Evidence and Establishing Your Damages

Evidence is important not only for establishing how the incident occurred, but also for demonstrating how the injuries have affected your life.

Photograph your injuries as they heal, particularly where there is bruising, scarring or disfigurement. Preserve photographs or video of the scene and identify nearby security or doorbell cameras before footage is deleted.

Just as importantly, document your recovery. Keep records of medical treatment, rehabilitation expenses, missed work and assistance you require from others. Tell your healthcare providers accurately about your physical and emotional symptoms and how they affect your daily functioning.

For example, an injury may interfere with your ability to work, exercise, sleep, care for your children, complete household tasks or participate in activities you previously enjoyed. Psychological consequences can also be significant, including anxiety, fear of dogs and difficulty returning to places associated with the attack.

What Compensation May Be Available?

Depending on the circumstances and the evidence, compensation may be available for:

pain and suffering;
permanent scarring or disfigurement;
psychological injuries;
past and future income loss;
treatment and rehabilitation expenses; and
loss of housekeeping or personal-care capacity.

The value of a claim depends not simply on the appearance of the initial injury, but on its severity, recovery and lasting impact on the person’s work, daily activities and overall quality of life.

Homeowner, condominium or tenant insurance may provide liability coverage for a dog bite or attack. Whether insurance responds will depend on the particular policy, its limits and any applicable exclusions.

Be Aware of the Limitation Period

In Ontario, the basic limitation period for commencing a personal injury claim is generally two years from the date the claim is discovered, which will often be the date of the incident. Different rules may apply in certain circumstances, including claims involving children or persons who lack legal capacity.

It is therefore important to obtain legal advice promptly rather than assuming that a claim can be pursued at any time.

Speak With an Ontario Dog Bite Lawyer

At Singer Kwinter, we assist individuals and families who have suffered injuries as a result of dog bites and attacks. We can investigate who may be legally responsible, determine whether insurance coverage is available, preserve important evidence, and assess the full impact of the injuries on your life.

We represent clients on a contingency fee basis, with legal fees payable if compensation is recovered, subject to the terms of the retainer agreement.

If you or a family member has been injured in a dog bite or attack, contact Singer Kwinter to discuss your circumstances and legal options.