There is a special law in Ontario which is called the Dog Owner’s Liability Act. Under this specific set of rules, the owner of a dog is responsible for the damages which result from a bite or from an attack by the dog to another person or to another domestic animal. What is more, this particular liability doesn’t really require any knowledge of the propensity of the dog to bite or attack. What is more, it doesn’t even require the owner to be negligent, per say. The owner will be responsible for recovering the damages, regardless of the specifications and this is what we refer to as strict liability. (more…)
We all know that dogs are man’s best friend, right? However, they are also capable of turning into your worst enemy with just a single vicious bite. When a dog bites, it’s absolutely understandable that you are hurt and injured while want to get the necessary compensation. However, for obvious reasons, you won’t be able to file the claim towards the actual at-fault entity as it, as you can think of, is a dog. Of course, the one who must be targeted if you want to proceed with any kind of legal actions is the owner of the animal. However, is he always liable? If his dog attacked because you provoked it, will the owner be hold accountable? There might be a multitude of questions plaguing your mind and that is why it is important to consult an experienced lawyer that specializes in dog bites or animal attack cases. (more…)
Winter holidays are here and this means one thing – relaxed time with family and friends. However, let’s not forget the beloved pets – our dogs. Once the snow starts falling down in Ontario you know what this means – long days of fun out in the snow with your dog. (more…)
While it may sound a bit odd when you first hear it, dog bite cases are actually quite common throughout the entire country of Canada. Reports show that every single year there are around 200 000 dog bites, which have occurred in Canada. And you should also take into account the fact that these are reported cases, which were led in a courtroom or have been settled outside of it with a legal agreement. This suggests that there are probably even more unreported cases of dog bites. As you can imagine, this creates a huge demand for attorneys to tackle on the cases which derive from these attacks. Interestingly enough, a dog bite case could in fact be quite lucrative for an attorney. The reasons are different.
A lot of emotional pain and suffering
An attack of this particular kind could in fact cause a lot of emotional pain to a person, especially if he’s already been afraid of dogs, for instance. This could lead to some serious long-term problems and constant fear of all kinds of animals. While it may sound like not something that a jury would be concerned with, the reality is right on the contrary. Juries and judges tend to award high emotional damages and that’s a fact.
Easily proven physical injuries
The dog bite is obvious. Everyone can see it and everyone can determine that it’s inflicted by a dog. Of course, the court is going to require detailed medical statement which clearly shows the undeniable fact that this is indeed a dog bite. However, if you simply show the damage to the jury or to the judge, he will undoubtedly know what he has to deal with.
At the same time, the act which governs these particular injuries is incredibly strict when it comes to liability. The Dog Owner’s Liability Act, enacted back in 1990 on the 31st of December clearly states that the claimant only has to prove the injury without digging into the responsibility and ownership of the animal. This also suggests that the owner might not have been present at the time of the attack – he would still be found liable for it.
Of course, there are some limitations to the liability of the owner of the dog at fault. These are called contributory negligence. The legal definition suggests that this is an event in which the injured himself contributed to the attack and he is also liable to some certain extend. In this case, the liability of the owner is going to be reduced with accordingly and he won’t be liable for all the damages. Even if he is, the judge is required to significantly reduce the compensation the defendant would be required to pay.
This is one of the reasons that hiring the services of an injury lawyer is a must. They have the experience, skill and negotiation tactics that are needed to help you get maximum compensation.
Statistics have shown how thousands of individuals in the US are attacked by animals every year. In most cases, those attacks involve being bitten by a dog. Regardless of the type of animal (or pet) that attacks you, you may have legal grounds for recovering damages from the individual who owns the animal. If you are struggling with the injuries and haven’t yet contacted a licensed and experienced lawyer, don’t delay it any longer. You deserve justice.
What You should do if You are bitten
While some animal or dog bites may be less severe than others, the first thing you want to do is get medical attention as quickly as possible. If the animal was diseased, you could be seriously injured. More importantly, if the wound is left untreated, it could become infected and even turn fatal. Once you have been medically evaluated and treated for your injuries, the next step is to contact a personal injury lawyer and discuss your situation with them.
How a Personal Injury Lawyer can help You.
Personal injury lawyers are experienced and skilled at determining if you have a valid claim and can determine whether or not there is a chance of recovering any damages. During your initial meeting with the lawyer, they will ask you to provide information about your injuries such as the circumstances surrounding the attack and the animal owner’s name, address, and phone number. Furthermore, if there were witnesses, they will need their names and other contact information as well. If you have a lawyer to represent your rights, they will cover for you and do the needed documentation and collection of evidence.
Establishment of Responsibility
A decision to award damages in an animal attack or dog bite case hinges on the establishment of responsibility. The first thing that a personal injury lawyer will want to know is who owns the animal that attacked you. In some states, the rule of “strict liability” applies wherein the owner of the animal that attacked and bit you is ultimately responsible regardless of whether or not any wrong was committed. Even if the animal is not considered dangerous, the owner is still liable for the attack. It is best to have a lawyer in your corner for negotiation and medication so that your medical costs and other compensation is doe in your favor.