If you receive a dog bite injury in the Mississauga area, you may incur significant medical expenses in addition to suffering physical pain and emotional distress. A severe dog bite can even lead to long-term disability, impacting your economic outlook and those of any dependents you may have. For these reasons, many dog bite victims will pursue an injury claim to recover damages in compensation. At TSF Law, we have built a reputation for supporting our clients in the most challenging moments of their lives. Call our office today at (905) 218-3668 to schedule a consultation to review your dog bite injury claim.
What Types of Damages Apply To Dog Bite Injury Claims?
Individuals who suffer dog bite injuries are eligible to seek both pecuniary and non-pecuniary damages from the dog’s owner. These damages are intended to compensate the bite victim for their physical and psychological suffering as well as their financial losses.
Summary of Damages in Dog Bite Injury Legal Cases
Individuals injured by dog bites in Ontario may be able to recover compensation under the Dog Owners’ Liability Act, which applies a strict liability framework to dog bite injury claims. Dog owners in Ontario may be held liable for injuries regardless of negligence or prior knowledge of a dog’s behavior under the doctrine of strict liability. Compensation may include both pecuniary damages, such as medical expenses and lost income, and non-pecuniary damages, such as pain, psychological trauma, and loss of enjoyment of life. The principle of comparative fault may reduce recovery based on the injured individual’s share of responsibility for the incident. TSF Law provides legal services related to dog bite injury claims in the Mississauga area and throughout Ontario.
What Should You Do if a Dog Bites You?
If a dog bites you, the first step you should take is to immediately seek medical attention. Animal bites can be prone to serious infections, even when the damage they cause initially may not appear severe. Keep in mind that puncture wounds, such as those left by a dog’s teeth, can often be more difficult to clean than lengthwise cuts of otherwise similar depth. Professional treatment can help to ensure the bite marks are properly and thoroughly cleaned.
Do All Dog Bites Need Antibiotics?
Depending on how the wound appears during cleaning and (if needed) suturing, the “Five Things To Know…” recurring series in the Canadian Medical Association Journal (CMAJ) suggests that physicians may prescribe a prophylactic course of antibiotic treatment; doctors make those determinations on a case-by-case basis, so do not hesitate to ask the medical professional treating your dog bite to explain his or her reasoning for immediately prescribing antibiotics or for waiting to see how the early stages of healing progress.
Will I Need a Rabies Shot?
While cases of rabies in humans are rare in Canada, according to Public Health Ontario, in some instances, a medical professional may recommend a post-exposure prophylaxis vaccine series, particularly if the dog that bit you was exhibiting unusual signs of aggression or other erratic behavior and the owner cannot prove that the animal was vaccinated. The preferable solution, when available, is generally to confirm the dog’s vaccination records or to have the dog itself tested for rabies if those records are not available before proceeding to a human rabies vaccination series. However, it is important to be prepared for the possibility, especially after a surprise attack.
Dog Bite Liability and Damages in Ontario
Ontario applies the principle of strict liability to dog bite injury claims. Strict liability is a rule under which the defendant in a civil lawsuit may be held liable regardless of his or her intentions and even if there has been no breach in the “duty of care” the defendant owed the plaintiff in the case. Most personal injury cases, as you probably know, depend on the principle of negligence instead. However, Ontario’s Dog Owners’ Liability Act (DOLA) applies the rule of strict liability to dog bite injury cases.
Strict Liability vs. “One Bite”
In some jurisdictions, a dog must have previously shown signs of aggression for the owner to be held liable for a dog bite injury, in a framework sometimes called the “one bite” rule because of the “one bite” that puts the owner on notice regarding the threat their dog poses. DOLA emphasizes a contrast to the one bite rule by explicitly stating that a dog’s owner may be held liable for a bite injury irrespective of any knowledge of the dog’s “propensity” for biting, and even in cases where there is no suggestion of “fault or negligence” by the owner. In other words, strict liability applies to Ontario dog bite cases, and it is ownership of the dog, rather than the animal’s history, that imparts legal responsibility.
Strict Liability vs. Extent of Liability
Applying the doctrine of strict liability means that the victim of a dog bite will not need to prove that the person responsible for the dog showed negligence to receive damages, but it does not mean that the extent of the dog owner’s liability cannot be limited in other ways. One of the major provisions of DOLA is the application of another legal principle, known as comparative fault.
Apportionment of Damages: How Will Comparative Fault Affect a Dog Bite Injury Claim?
Comparative fault is a legal framework that functions as an alternative to contributory negligence. When the rule of contributory negligence is applied to an injury claim, it means that the plaintiff may not recover damages if he or she bears any responsibility for their “injuries” (understand injuries here in the broad legal sense of personal injury, not limited to physical harm). Contributory negligence can be somewhat draconian toward injured parties, and so comparative fault is often the preferred system for apportioning liability.
Under the comparative fault rule, a plaintiff may recover compensation for damages, even if he or she was partly responsible for the circumstances that caused their injuries, but only up to the percentage of total damages that equates to the defendant’s share of responsibility. An individual who was determined to be 38% responsible for his or her own damages after submitting a dog bite claim would not be barred from seeking compensation from the dog’s owner, but would only be eligible to receive 62% of the total damages calculated in the case. For this reason, an injury lawyer with TSF Law will often devote considerable attention to establishing context for the dog bite through extensive investigation of the circumstances, in order to show that their client’s conduct did not contribute to the incident.
What Are the Two Kinds of Damages in an Injury Claim?
Two main types of damages may be awarded for a dog bite injury claim: pecuniary and non-pecuniary. Pecuniary damages constitute an accounting of all financial losses arising from the dog bite. Typical examples include medical expenses, which may be minor or highly significant, depending not only on the size and depth of the bite wound but on its location on the victim’s body and the extent of scarring, and loss of income, which will obviously not be a factor in every cases but can loom large in instances where a well-compensated individual in a physically demanding profession is forced to pivot because of loss of mobility or other long-term harms caused by the bite.
Non-pecuniary damages cover the intangible losses that can often result from a dog bite. Psychological trauma is a common example in this category; in cases where bite-related scarring causes substantial disfigurement, the impacts of these long-term effects on the victim’s self-image and his or her overall quality of life going forward may also be taken into consideration. When the long-term physical consequences of a dog bite restrict the victim’s ability to engage in leisure activities he or she previously enjoyed, an Ontario dog bite lawyer may include “loss of enjoyment of life” in the calculation of non-pecuniary damages for their client’s injury claim.
Call Our Dog Bite Injury Lawyer
Effectively recovering compensation for a dog bite injury claim in Ontario demands a nuanced understanding of how strict liability and comparative fault intersect. Many dog bite victims turn to an Ontario injury lawyer for assistance with their claims. While the law holds owners responsible regardless of the dog’s past behavior, insurance companies often attempt to minimize payouts by arguing that the victim’s own actions contributed to the total damages. The guidance of an experienced lawyer can be invaluable in countering these tactics so that responsibility is fairly apportioned. In addition, an experienced advocate with TSF Law can often collect the documentation needed to ensure that a bite victim’s intangible losses are not undervalued. To discuss your particular case, call (905) 218-3668 to speak with a member of our team.
Essential Frequently Asked Questions About Dog Bite Injury Claims
The following FAQs address common legal questions related to dog bite injury claims, damages, and liability under Ontario law.
What Damages Can Be Recovered In A Dog Bite Injury Claim In Ontario?
Dog bite injury claims in Ontario may allow recovery of pecuniary damages for financial losses and non-pecuniary damages for pain, suffering, and reduced quality of life. Pecuniary damages include medical expenses and lost income, while non-pecuniary damages address psychological trauma, scarring, and loss of enjoyment of life.
How Does Strict Liability Apply To Dog Bite Cases In Ontario?
Strict liability under the Dog Owners’ Liability Act in Ontario means a dog owner may be held legally responsible for a dog bite regardless of negligence or prior knowledge of aggressive behavior. Liability attaches to ownership of the dog rather than proof of fault, distinguishing Ontario law from jurisdictions that apply the “one bite” rule.
Do Dog Bite Victims Need To Prove Negligence In Ontario?
Dog bite victims in Ontario generally do not need to prove negligence because the Dog Owners’ Liability Act imposes strict liability on dog owners. However, evidence may still be used to address comparative fault and determine the extent of damages awarded in a personal injury claim.
How Can TSF Law Assist With A Dog Bite Injury Claim In Ontario?
Individuals pursuing a dog bite injury claim in Ontario may consider visiting with an experienced attorney at TSF Law to learn more about available legal options. The team at TSF Law works to ensure individuals understand legal rights, gather supporting documentation, and evaluate potential avenues for compensation under Ontario law.
