Ontario Personal Injury Lawyers
Call 1-888-404-5167
Preszler Injury Lawyers

Proving a Dog Bite Claim in Ontario


Ontario follows a strict liability rule when it comes to dog bite cases, making it a relatively straightforward process for dog bite victims. However, even though victims don’t have to prove the dog owner was negligent, the courts will still take a close look at whether or not the victim was partly responsible for the attack.

Because proving fault is still an issue, it’s advisable that dog bite victims or their families contact a lawyer for help in filing a claim for their dog bite injuries.

Talk With Our Legal Team



If you have any questions and would like to schedule a call with our legal team for a FREE no-obligation consultation, contact us now. During this call you can ask any questions as it relates to your accident and/or claim and we'll discuss your options and possible outcomes.

Regardless of where you're located in Ontario – we may be able to help you. Don't delay - call us. Our lines are open 24/7.

Elements of a Dog Bite Claim in Ontario

The area of the law that pertains to dog bite attacks in Ontario is referred to as The Dog Owners Liability Act found in R.S.O. 1990, c. D.16. Two important sections state the following:

  • Section 2 (1) – “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.”
  • Section 2 (3) – 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…”

The above strict-liability statutes essentially mean that a dog owner doesn’t necessarily need to have acted carelessly or negligently in order to be liable if the dog attacks someone. If he or she owns a dog and the dog causes harm, the owner is responsible for the damages caused by the dog.

Call 1-888-608-2111 for available options or Book a Consultation

Liability in Toronto Dog Bite Cases

The second part of R.S.O. 1990, c. D.16 s. 2 (3) states: ”… the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages.”

So, if the victim provoked the attack in some way, his or her degree of fault would factor into the amount of compensation to which he was entitled. Other scenarios could also reduce recoverable damages.

If a victim is partly responsible for the dog bite incident (also referred to as contributory negligence) he or she can still file a claim and recover damages, but the settlement amount will be reduced appropriately.

Here are a few common questions and answers directly related to liability and fault on Ontario dog bite cases.

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 he 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.

Ontario Dog Bite Settlements: Getting Properly Compensated for Your Injuries

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.

Dog bite attacks can cause substantial injuries leading to hundreds of thousands of dollars in damages. Victims can and should be compensated for their losses — and fortunately, they often are. State Farm, for instance, paid millions in 2011 for dog bite claims in Ontario, according to Canadian Underwriter. And those settlements are just from one insurance company.

See also: You’ve Been the Victim of a Dog Bite? 4 Reasons You Deserve Compensation

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:

  • Seek prompt medical attention. Dog bites carry great risk for infection.
  • Report the bite. Call Toronto Animal Services at 416-338-7297.
  • Identify the owner of the dog. This is crucial for establishing liability.
  • Collect and preserve evidence of the attack. This includes photos of injuries and proof of the dog’s ownership.

If you or a family member were injured by a dog, you can call Preszler Injury Lawyers in Ontario for assistance. Contact us today at 1-800-JUSTICE® to set up a free, no-obligation initial legal consultation.

 
Call us now at
1-800-JUSTICE
®

151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
Toll Free: 1-888-608-2111
1 Hunter St E,
Hamilton, ON
L8N 3W1
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
116 Lisgar Street, Suite 300
Ottawa ON
K2P 0C2
Toll Free: 1-888-608-2111
10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and DPJP Professional Corporation and unrelated third parties. Our spokesperson John Fraser, or any other non-lawyer/paralegals in our marketing is not to be construed in any way as misleading to the public. Our marketing efforts are not intended to suggest qualitative superiority to other lawyers, paralegals or law firms in any way. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to our management team. Please also note that past results are not indicative of future results and that each case is unique and that case results listed on site are from experiences across Canada and are not specific to any province. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Maximum contingency fee charged is 33%. Finally, our usage of awards and logos for awards does not suggest qualitative superiority to other lawyers, paralegals or law firms. All awards received from third party organizations have been done so through their own reasonable evaluative process and do not include any payment for these awards except for the use of the award logos for our marketing assets. We are also proud to service additional provinces like Alberta, British Columbia and Nova Scotia.