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What Legal Actions Can You Take After a Dog Bite?

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What Legal Actions Can You Take After a Dog Bite?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
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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:

  1. The dog and the victim were familiar with one another,
  2. the dog was in the security of its home and in the presence of its owner, and
  3. 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.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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