In Ontario, if someone is bitten by a dog and that dog bite has caused injuries, the owner of the dog is responsible. The same is true if the dog bites another dog or another animal.
This liability is not dependent on any negligence on the owner’s part, or whether or not the dog has bitten anyone or any animal in the past. This is known as strict liability law in Oshawa and the rest of Ontario and while there are a few defenses for it, the owner of the dog is usually found liable.
Because there are some possible defenses even in these strict liability cases, it is important that dog bite victims speak to an Oshawa dog bite lawyer that has experience with these cases. Experienced injury attorneys can work hard to fight for their client’s rights to compensation following their injuries.
Our dog bite lawyers can meet with you in Oshawa for a free initial consultation. Call (416) 364-2000
Dog Owners Laws
The City of Oshawa operates under two different types of laws when it comes to dogs and dog ownership. The first set of laws falls under the Dog Owners Liability Act, an Act that applies to the entire province of Ontario. It is under this Act that strict liability falls, making dog owners responsible in most cases when their dog bites a person or another animal.
The other set of laws is the by-laws of the City of Oshawa. Under these by-laws, a person may not keep more than three dogs in their home at any time. If a dog owner fails to oblige to this law and keeps more than three dogs, and one of those dogs bites another person or animal, they will also most likely be forced to pay fines to the city.
Oshawa Dog Bite Lawyer Near Me (416) 364-2000
Proving an Attack
When a person has been bitten by a dog, they only need to prove two different elements. The first is that the dog bit them and injuries were sustained as a result of that dog bite. These can include physical damages, such as cuts and bruises, or they can be psychological injuries, such as developing a phobia of dogs after being bitten.
The second element of proof is that the defendant is the legal owner of the dog. In cases where there is more than one owner (such as when a couple owns a dog together), both parties will be held equally responsible for the damages.
Potential Dog Bite Defenses
There is one main defense to a dog biting and that is if the person they bit provoked them in some way. Even in these cases, however, a dog bite lawyer in Oshawa can generally still get compensation, but the amount of that compensation will be reduced.
Typically, the provocation will be given a percentage, such as if the victim provoked the dog to a degree that they are 50 percent responsible for the attack. In these cases, the amount of compensation would be reduced by 50 percent.
Other defenses can include when a parent is not providing proper supervision over their child and the child is bitten by a dog as a result. However, because the injuries to a child after a dog bite can be so severe, and they do not know enough about provocation, even in these cases, typically an Oshawa dog bite lawyer will still be able to help victims get compensation for dog bite injuries.
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How an Oshawa Dog Bite Lawyer Can Help
Proving dog bite cases can seem very simple at first. However, it can become quite complicated, especially in cases where the damage done is mostly psychological. Victims need to speak to an experienced and qualified Oshawa dog bite lawyer to ensure they are getting the most amount of compensation available to them.