Proving a Dog Bite Claim in Ontario

Ontario uses a strict liability approach for dog bite cases. This means the dog’s owner is responsible for the injuries their dog causes, even if the owner wasn’t negligent. However, the court will still consider whether the victim played any role in the incident, which can affect the amount of compensation awarded.

Because proving fault is still part of the process, it’s advisable for dog bite victims or their families to contact a lawyer for help filing a claim for their dog bite injuries.

If you or someone close to you has suffered a dog bite, your immediate focus should be on addressing the injury and documenting what happened. Before we walk through how liability works in Ontario, here are the steps to take immediately after a dog bite.

What To Do After A Dog Bite Attack In Ontario

To best protect your health and right to compensation, follow these steps immediately after a dog bite:

1. Seek medical attention immediately

Dog bites can lead to infection, scarring, nerve damage, and other complications. Getting medical care right away protects your health, and your medical records become important evidence if you decide to file a claim.

2. Report the incident to your local animal services, bylaw office, or police

Reporting helps document the attack and identify the dog involved. You may also contact local police, or if the attack happened in Toronto, reach out to Toronto Animal Services at (416) 338-7297.

Provide as many details as possible, including a description of the dog, the owner’s name and contact information, the time and location of the attack, and any witness information.

3. Secure and preserve evidence of the attack

Evidence is essential for determining liability and understanding the dog owner’s insurance coverage.

Photograph your injuries, torn clothing, and any property damage. If it is safe to do so, take a photo of the dog involved.

Keep copies of your medical records, receipts, and any witness contact information.

4. Contact a personal injury lawyer

A dog bite lawyer can guide you through the claims process and help you gather evidence before it becomes difficult or impossible to obtain.

It’s important to get started early so key evidence is preserved and available when filing a claim. If a dog bite has injured you, contact Preszler Injury Lawyers for a free consultation to discuss your situation and your possible legal options.

How the Dog Owners’ Liability Act Protects Bite Victims in Ontario

In Ontario, injuries caused by dog attacks are governed by the Dog Owners’ Liability Act (DOLA), R.S.O. 1990, c. D.16. Under this law:

• Section 2(1) 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.”
• The first part of Section 2 (3) reads: “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…”

This creates strict liability for dog owners.

In other words, if their dog causes harm, the owner is legally responsible for the resulting damages, regardless of whether the dog has attacked before or whether the owner did anything wrong.

When the Dog Owner’s Liability Can Be Reduced in Ontario

Under section 2(3) of Ontario’s Dog Owners’ Liability Act, a court can reduce a victim’s compensation if their own actions contributed to the attack. This is called contributory negligence.

In simple terms, a dog owner may still be liable for the bite, but the victim’s claim can be reduced if the evidence shows they helped cause the incident.

For example, damages may be lowered if the person:

• provoked or teased the dog, or
• ignored clear warnings about the animal’s behaviour.

A dog owner may also avoid liability if someone is injured while committing a criminal act on the property (such as trespassing or theft), unless keeping the dog for protection was considered “unreasonable.”

Even when partial fault is found, victims can still pursue compensation. The amount is simply reduced in proportion to their level of responsibility.

What You Can Claim for After a Dog Bite in Ontario (Damages Explained)

Victims of dog bite attacks in Ontario can pursue compensation for a wide range of losses. Settlement amounts are based on the extent of the injuries and the impact they have on a victim’s life.

Insurance companies often dispute how serious the injury is, how long recovery will take, or whether scarring or psychological harm is permanent. A lawyer’s role is to present evidence clearly so that all damages are properly considered.

Factors that typically influence dog bite settlements include:

• Severity of the physical injuries (including scarring, nerve damage, and infection)
• Impact on daily activities and ability to work
• Need for surgery, medical follow-ups, or cosmetic treatment
• Psychological effects, such as anxiety around animals or trauma
• Victim’s age, scarring, or psychological harm to a child often have greater long-term consequences
• Evidence supporting losses (photos, medical reports, wage documentation, vet bills, etc.)

Because every case is different, there is no standard or average settlement amount for dog bite claims in Ontario.

Instead, compensation reflects the specific physical, emotional, and financial losses suffered by the victim.

The damages you receive may include:

Medical and rehabilitation costs

This covers emergency treatment, stitches or surgery, medication, infection care, physical therapy, and ongoing medical follow-up.

Lost income and loss of earning capacity

If the injury prevents you from working temporarily or permanently, you may recover wages you lost, as well as future income losses.

Pain, suffering, and loss of quality of life

Dog bites frequently cause scarring, nerve damage, chronic pain, and psychological trauma, including anxiety around animals. These losses can be compensated even if there is no income loss.

Out-of-pocket expenses

Victims can claim expenses such as medication, bandages, travel to medical appointments, and other injury-related costs.

Damage to your personal property or pet

If a dog attack injures your pet or damages personal property (such as torn clothing or broken glasses), those losses may also be included in the claim.

Because every case is different, the value of a dog bite claim depends on the seriousness of the injuries, the impact on daily life, and the evidence supporting the losses. A lawyer can help ensure that all current and future damages are assessed before settlement.

Ontario Dog Bite Settlement Examples

With a dog bite claim, it’s important to consult a lawyer who handles dog bite cases to ensure your claim is presented clearly and thoroughly and that the defendant’s lawyer or insurance company doesn’t try to place blame on you.

Also, your lawyer can help accurately calculate the full extent of your damages so that you can receive a fair settlement.

Our recent work includes two settlements worth $900,000 each.

A client sustained a significant head injury after being attacked by a dog. The long-term effects required ongoing treatment and affected their ability to work, leading to a substantial settlement reflecting both medical needs and loss of earning capacity.

For another case, an individual was riding a bicycle in a park when a dog ran toward them and made contact. The collision caused a fall, resulting in serious brain injuries. Compensation reflected the severity of the injury, long-term cognitive impacts, and future care needs.

You can read more about recent cases on our settlements page. These examples illustrate that settlements are not determined by the type of incident alone, but by the seriousness of the injury, its long-term impact, and the evidence supporting the claim.

Speak with an Ontario Dog Bite Lawyer

If you or someone you care about has been injured by a dog in Ontario, legal support can make a crucial difference in the outcome of your claim.

A lawyer can help protect your rights, gather evidence, and pursue compensation that reflects the true impact of your injuries.

To learn more about your options, contact Preszler Injury Lawyers for a free, no-obligation consultation. Call 1-888-608-2111 today to speak with our team.

Below, you’ll find additional answers to common questions about Ontario dog bite claims and the legal process.

Who Is Liable For The Dog Bite?

The Act assigns liability to the owner for all damages resulting from a bite or attack. This includes injuries to both humans and domestic animals. For example, you may seek damages if you were out walking your dog in a public space and a stranger’s dog attacked both you and your dog.

What If The Owner Didn’t Know The Dog Was So Aggressive?

The owner retains liability for the attack even if he or she was unaware of the dog’s capacity for aggression. This means the dog’s owner may be held liable even if this was the first time the dog attacked or bit a person or domestic animal.

Are There Any Circumstances Where A Dog’s Owner May Avoid Liability?

The court may reduce your damages if the defendant can prove your actions contributed to the attack. For example, your final compensation may be reduced if the owner can prove you were provoking the dog at the time of the attack. The court will reduce your damages in direct proportion to the degree to which it finds you to be at fault for the attack.

The owner is not liable in cases where a person enters a property for the purpose of committing a criminal act. This means you cannot collect damages if the dog’s owner can prove you were trespassing on private property or engaged in theft or vandalism at the time of the attack. This applies except in cases where the court finds the keeping of a dog to be “unreasonable.”

What Happens If There Were Multiple Owners?

The Act provides that all owners will be held jointly and severally liable in cases where more than one party is identified as the dog’s owner. This means you can seek full damages from any one party (owner). In turn, that defendant can pursue applicable damages from other liable owners.

We’re here to help.