Dog owners in Ontario can face severe legal repercussions if their dog bites someone due to the strict liability imposed by the Dog Owners’ Liability Act. The key legal implications are:
Strict Liability: Regardless of the dog’s history or the owner’s knowledge of aggression, owners are strictly liable for any damages caused by their dog biting or attacking a person or domestic animal. The victim does not need to prove negligence or intent on the owner’s part.
Compensation Claims: Victims can sue dog owners for damages, including medical expenses, lost wages, pain and suffering, emotional trauma, and other losses resulting from the bite. The compensation amount depends on factors like injury severity, permanence, future needs, and economic losses.
Criminal Charges: In severe cases, owners may face criminal charges like criminal negligence or criminal negligence causing bodily harm if their failure to control the dog led to the attack.
Court Orders: Courts can order measures to ensure better control, such as confinement, leashing, muzzling, posting warnings, or prohibiting the owner from owning dogs for a period. In extreme cases, courts may order the dog to be euthanized or destroyed.
Contributory Negligence: If the victim provoked the dog or failed to take reasonable precautions, their damages may be reduced due to contributory negligence.
The legal consequences can vary based on the specific circumstances, incident severity, and local laws and regulations in the jurisdiction where the bite occurred.
If you or a loved one has been the victim of a dog bite or accidental injury caused by a dog, and you have inquiries regarding potential legal recourse, we encourage you to reach out to personal injury lawyer Mohammad Asadullah at 905-268-0046 or mohammad@asadlaw.ca