Legal Action After a Dog Bite in Ontario
Dog bites are an unfortunate reality that can happen when a furry “friend” bites someone because they are scared, startled, or feel threatened. Thankfully, there is legal action after a dog bite you can pursue. If you are bitten by a dog, the physical and mental injury you have can mean a long and arduous road ahead. Getting compensation to assist with your recovery can make a difference.
What is the Dog Owners’ Liability Act?
The Dog Owners’ Liability Act or “DOLA” is the law that governs the legal action an injured person can take to get compensation after a dog bite. Under the DOLA, when a dog bites a victim, and that victim sustains injuries, the dog owner is liable to pay damages resulting from those injuries.
Compensation awarded through damages may include, but is not limited to:
- medical expenses,
- loss of income, and
- pain-and-suffering.
However, if a dog bite victim contributed, by any means, to their injuries, a judge could potentially reduce the damages awarded to the victim. This is something that will most likely be explored during a victim’s claim. It is also an important reason why a dog bite victim should work closely with their personal injury lawyer to ensure their report of the incident is accurate, consistent, and reasonable.
Dog Bite Damages: A Case Study of the DOLA
In the case of McAllister v. Wiegand [2009] O.J. No. 169 the plaintiff was bitten by Ms. Wiegand’s dog and sustained injuries to their right cheek. In this case, the judge found that the plaintiff did not contribute to their own injuries.
What is interesting in this case is the judge’s findings surrounding whether the dog bite victim contributed to their own damages. In this case, the judge found three main factors that led to the conclusion that the plaintiff did not contribute to their injuries.
These three main factors were:
- The dog and the victim were familiar with one another,
- the dog was in the security of its home and in the presence of its owner, and
- the victim was only attempting to pet the dog.
In the end, the plaintiff did receive non-reduced compensation for their dog bite injuries. It was well worth taking legal action after a dog bite.
Get the Help You Need
If you or someone you love is bitten by a dog, there is help available. By contacting a dog bite lawyer, they can determine if you have a case. Determining if you can receive compensation for legal action after a dog bite will take into consideration all the factors involved. A personal injury lawyer can organize your case and fight for the compensation you deserve in Ontario.
