What Are the Consequences If Your Dog Bites Someone on Your Premises?

Becoming a dog owner fills us with excitement and pride, but it also requires considerable dedication and effort. Alongside providing our furry friends with the necessary care, support, resources, and love, we must also ensure the safety of everyone who enters our property.

Even the calmest dogs can have moments of aggression. What should you do if your dog unexpectedly bites someone on your property? If this happens, you need to be prepared to handle the liability and potential legal dog bite personal injury claims. This blog will explore the legal and financial implications of dog bites and provide essential guidance on how to manage such situations effectively.

Legal Consequences

A dog bite is a serious issue with significant legal implications. Previously, Canadian law did not specifically hold dog owners accountable for their pets’ actions. However, the introduction of the Dog Owners’ Liability Act has addressed this gap, providing protection for victims of dog bites. This statute establishes that dog owners are liable for any injury or property damage caused by their pet. In situations involving multiple dog owners, they share joint and several liability for the damages incurred. Additionally, the act covers instances where a dog harms another domestic animal.

In instances where a domestic dog causes harm to someone, the owner bears responsibility for the damages incurred by the victim. In jurisdictions that uphold strict liability standards concerning dog bites, plaintiffs are not required to prove the owner’s negligence. They are entitled to seek compensation for a range of losses, including property damage, medical bills, and intangible harm.

In severe cases, an application must be sent to the court to euthanize a vicious dog. Considering the severity of the injuries, the court can also order the dog owner to provide better animal control by ensuring it is on a leash, muzzled, confined to a secure area with warning signs, or prohibit them from owning a dog for a specific time. 

Understanding Dog Bite Expenses and Legal Options

A dog bite can lead to significant physical, emotional, and financial consequences for victims. From medical costs to lost income, the aftermath of an animal attack can be overwhelming. If you’ve been bitten by a dog, it’s important to understand the common expenses and legal options available to you.

Common Expenses for Dog Bite Victims

Dog bite victims often incur several financial burdens after an attack. The most common expenses include:

• Medical Expenses – This includes emergency care, medications, stitches, surgeries, and hospitalization costs. Severe bites may require long-term treatment or even reconstructive surgery.
• Physical Therapy & Mental Health Care – Many victims need rehabilitation to regain mobility and function, while others may suffer from PTSD or anxiety after a traumatic attack, requiring therapy or counseling.
• Lost Income – If the victim needs time off work to recover or attend medical appointments, they may suffer a loss of wages or even long-term earning potential.
• Pain & Suffering – Beyond physical injuries, victims experience emotional distress, trauma, and a reduced quality of life. Compensation may cover these non-economic damages.
• Property Damage – If the dog damages personal belongings, such as clothing, accessories, or even a vehicle (e.g., if the attack occurs near or inside a car), the victim may seek reimbursement.

Legal Considerations: The “Bite Rule” & Increased Damages

If a dog has a known history of aggression, also referred to as the bite rule, victims may be entitled to double or even triple the compensatory damages. Courts may also impose additional discretionary fines as a punishment for the dog’s owner if they were negligent in preventing the attack.

However, if the injuries are relatively minor and the financial damages are limited, pursuing a lawsuit may not be the best option. Instead, many individuals choose to settle the case outside of court.

The Benefits of Settling a Dog Bite Case

Many dog bite victims opt for a quick settlement rather than a lengthy court battle. The benefits of settling include:

• Faster Compensation – A settlement provides victims with financial relief sooner, allowing them to cover medical expenses and other losses without long delays.
• Avoiding Unpredictable Court Rulings – Court decisions can be uncertain, and settlements offer a guaranteed payout instead of risking an unfavorable judgment.
• Saving on Legal Fees – While hiring a dog bite lawyer is beneficial, prolonged court cases can rack up additional legal costs, reducing the final compensation received.
• Eliminating Lengthy Legal Proceedings – Settlements avoid multiple court appearances, depositions, and drawn-out legal battles, making the process smoother for both parties.

What to do If Your Dog Bites Someone on Your Premises

If your pet bites someone on your premises, the following are the immediate steps that you need to take: 

• Isolate the Dog: To control the situation, immediately isolate the dog in a separate room to prevent any further incidents. 

• Assess the Injury: Assess the severity of the bite, and if required, consider opting for medical assistance. Remember, even minor bites carry the risk of infection, so prioritize medical attention. 

• Exchange Contact Information: After the dog incident, exchange contact information with the bitten victim. Consider acquiring their name, phone number, and address and provide them with your contact information as well. 

• Provide First Aid: If the bite is minor, you can provide basic first aid, including cleaning the wound with soap and water or applying an antiseptic.
• Document the Incident:  Take photos of where the bite occurred, the injury, and other relevant evidence. If there were witnesses, request for their contact information.
• Cooperate with Authorities: If animal control/law enforcement becomes involved, cooperate fully. Make sure to provide any requested information and comply with any directives.
• Consult a Lawyer:  Consult a dog bite lawyer, mainly if concerns about potential legal consequences exist. They can advise on protecting your interests and navigating any legal implications.

Conclusion 

If your dog perpetrates an attack on an individual within your premises, you could be held responsible and may face legal action. In these circumstances, it’s imperative to engage with a professional. Their expertise can aid in delineating and safeguarding your rights, advocating your case against the opposition, and offering assistance to you and your loved ones in this demanding phase. Reach out to MacIsaac Gow LLP for expert legal guidance following a dog bite. We will help you learn more about your case and evaluate the options available to you.