A dog bite can completely upend your world. You may need to go to the hospital, take time off work, seek medical treatment for an infection, or get help coping with fear around dogs. And whether the dog has bitten someone before or not, you are probably wondering whether you have an insurance claim.
In Ontario, a dog does not need a history of aggression for its owner to be held liable. If a dog bite causes you injury or loss, you may have a claim against its owner, even if the dog has never bitten anyone before. To support your claim, you will need evidence of what happened and how it affected you. Here is what matters when proving a dog bite claim in Ontario.
Understand What Ontario Law Requires
Ontario’s Dog Owners’ Liability Act makes dog owners liable for damages caused when their dog bites or attacks someone. You do not have to prove that the owner was careless or knew the dog was dangerous. Even a first bite can lead to liability.
To build your claim, you generally need to establish whose dog was involved, that the bite or attack occurred, and that it caused your injuries and losses.
A civil claim uses the “balance of probabilities” standard. In plain language, your evidence must show that your version of events is more likely than not.
Identify the Dog and Its Owner
Get the owner’s name, address and contact details. Note the dog’s appearance and who was handling it. Save any messages in which someone acknowledges owning the dog or discusses the incident.
The legal meaning of “owner” can include someone who possesses or harbours the dog. Where there is more than one owner, they are jointly and severally liable under the Act. A lawyer can assess who should be named in the claim.
If the owner leaves, write down what you remember. Take pictures if possible. Note the location; a vehicle description or a witness’s account may help identify them.
Preserve Evidence Before It Disappears
Once you are safe and your immediate medical needs are addressed, record the details while they are fresh. Include the time, location and what happened before, during and after the bite.
Useful evidence may include:
- Photos of the wound, torn clothing and scene.
- Names and contact details for witnesses.
- Doorbell, security camera or cellphone footage.
- Texts or emails exchanged with the owner.
- Reports made to animal services or police.
- Pictures of the dog, location and anything else of note.
Ask nearby homes or businesses to send you relevant video footage. Some surveillance systems overwrite recordings within days, so try to do this as quickly as possible. Keep original photos and messages.
Even without video or an independent witness, you still have a valid claim. Missing one type of evidence does not automatically defeat a claim.
Connect Your Injuries to the Bite
Seek medical attention promptly and explain how the injury occurred. Medical records help establish when you were hurt, the treatment you needed and whether ongoing symptoms relate to the bite.
Keep records of follow-up visits, prescriptions and referrals. Take dated photos as the wound heals, especially if it scars.
Tell your healthcare provider about symptoms beyond the wound itself. Numbness, poor sleep or fear of leaving home may deserve attention. Describe what you are experiencing honestly, without overstating or downplaying it.
Show the Financial and Personal Impact
Proving that a bite happened is only part of the case; you’ll also need evidence of the harm it caused.
Save receipts for medication, dressings, treatment and travel to appointments. If you miss work, keep pay records and ask your employer to confirm your absences and lost earnings.
A recovery journal can help track changes that receipts cannot show. For example, you may not be able to grip tools, walk your usual route, or take your child to the park. Record specific examples and dates.
After a dog bite, compensation may include pain and suffering, lost income, treatment costs and future care needs. Every case is unique, and the amount differs accordingly.
Be Ready for Questions About What Happened
The owner or insurer may argue that your actions contributed to the injury. This is why it’s important to document the full account, including details you think may hurt your case. Your lawyer needs an accurate picture to address disputes.
Get Advice Before the Deadline
Ontario typically allows two years from the discovery of a claim to file a lawsuit. Exceptions may apply, including special rules for minors. It’s important to note that simply reporting a bite to animal services does not start a civil lawsuit or stop the deadline.
Bergel Magence Personal Injury Lawyers is a leading Toronto-based personal injury law firm specializing in dog bite claims and has helped injured people across Ontario for over 50 years. If you or your child has suffered a dog bite, call 416-665-2000 for a free consultation. Our team of legal experts can review the evidence, explain your options and help you pursue compensation.
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