The first part of this article will focus on defenses that the law community has deemed acceptable. The second part will spotlight a defense that was tried, but ended with the arrest of the dog owner. That unfortunate result underscores the wisdom behind contacting a Personal Injury Lawyer in Kitchener, before attempting any defensive move. Read More
If the owner of a pet animal allows that same animal to hurt anyone in any way, then that same owner becomes responsible for the pet’s actions. Depending on the nature of the pet’s action, the target of that same action could get severely injured. The injury would represent a large part of the damages suffered by the pet’s target. Read More
There are those occasions when a dog is not man’s best friend. In fact, a dog attack can cause serious injury, emotional scarring, and sometimes even death to small children. If you have been bitten or attacked by a dog in Ontario, you are covered under the law. Under what’s known as the Dog Owner’s Liability Act, the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. Read More
Dog bites are not a cause to disregard. As a matter of fact, the number of dog bites that happen in Canada is absolutely staggering. With this in mind, it’s quite important to make sure that you take it into proper consideration. There are a lot of technicalities that have to be accounted for and as such, the presence and assistance of a personal injury lawyer in Lindsay is going to be of tremendous value to making your claim. Read More
Being a dog owner is a responsibility – that’s something that you need to take into account. You are personally liable for the conduct of your pet and you need to ensure that it’s properly taught to behave. This is especially true when you go ahead and take your pet outside for a walk out in the public. With this in mind, there are quite a lot of things that you might want to take into account when your dog attacks another person or an animal. Read More
So, you are walking your dog idly in the park when another dog suddenly attacks it. Your pet didn’t do anything to trigger the attack and the entire thing happened out of the blue, without any warnings or preliminary signs. The dog that attacked your own managed to cause significant injuries to your beloved pet before his owner got there. Sure, the person apologized but your animal is left with significant injuries. You take it to the vet immediately, only to find out that you have to spend $500 in specialized treatment. Additionally, you are obviously stressed out and particularly scared out of what happened because the other dog was vicious and angry. What can you do? Is there something that the law has to help you with? Or should you just swallow the negative emotions and be done with it? Read More
Now, something that a lot of pet owners fail to understand is that they are liable for the damages that their pets do. Regardless of whether their dog attacked a human or it broke something which belonged to a third party, they have to be held accountable for it. And, that’s quite logical, now, isn’t it? The dog itself doesn’t understand the terms of responsibility and it’s quite normal for his owner to be responsible for it. In fact, there is a similar institute in the Contractual Law of Canada which governs responsibility for the conduct of third parties. Basically if you empower someone with your own responsibilities and he causes damage to someone or something – you are liable for them. However, let’s stay on point. Read More
Strictly speaking, the municipalities of Ontario are responsible for the overall animal control in the province. This means that if a person has a particular complaint about the dog of someone else, he should contact the local office of animal control and make his case. However, if the situation is an emergency, he should consider contacting the police.
Suing the dog owner
However, if someone is bitten by a dog, for instance, he has the full right to sue the owner of said dogs for the damages that he had incurred. It won’t much matter if the person who owns the dog is negligent, at fault or, in fact, has any knowledge of the occurrence of the dog bite. If the lawsuit is held successfully and the court orders him to pay the damages, he’d have to do so regardless of anything else. On top of all that, there are also additional precautions that have to be taken into thorough consideration – the owner has to put a lead or a muzzle on the dog or said dog is going to be legally destroyed, which is basically the worst case scenario.
Dog Owners’ Liability Act of Ontario
Additionally, the Dog Owners’ Liability Act of Ontario makes every single dog owner in Kitchener responsible for the damages which are caused by bites of his dog to another person or to other domestic animals. In fact, if the case is serious enough, the victim might file an application to the court, requiring the dog to be destroyed or euthanized if it’s considered severely vicious. The court is also entitled to order the owner of the dog to exercise extreme precaution by putting the dog on a tight leash, getting it muzzled or confined to a strictly secure area with particular and clear warning signs. The court can also prohibit the dog owner to own a dog for a specific period of time if found appropriate.
There is also an interesting provision in the Dog Owners’ Liability Act of Ontario which specifically prohibits pit bulls from being imported, bred or even transferred throughout the province. However, if you’ve owned a pit bull prior to 2005 you don’t have to worry as those animals are exempt from the provision. In any case, you are allowed to have a restricted pit bull which has to be thoroughly leashed, sterilized and muzzled. An offence of these regulations can just as well result in a severe penalty of up to $10,000 and even jail time of up to 6 months. The state takes this restriction seriously as pit bulls are considered to be more dangerous than other dogs due to the nature of their bite and their overall temperament. In any case, the regulations are thorough and extensive and easy to follow.
However, if you or a loved one has been bitten by a dog, it is important that you consult an injury lawyer in Kitchener.
Believe it or not, dog bites encompass a wide part of the personal injury claims in the province of Ontario. Unfortunately, quite a lot of people disregard this matter and throw it away as unserious while in reality this is a very complicated legal matter which could lead to quite a lot of complications.
There are quite a few things that have to be taken into account as per the Dog Owner’s Liability Act of Ontario and they are all capable of influencing your case tremendously. So, let’s take a look at what happens when a dog attacks a trespasser and how is this going to affect the personal injury case.
Who’s A Trespasser?
It seems only logical that we begin by identifying the stature of the trespasser as he’s going to be particularly important for the topic. This is a person who is unlawfully entering your property. However, there are quite a lot of things that you would need to take into account as not every entrance without permission is considered trespassing. For instance, a salesman might have implied permission to enter, provided you don’t have a “no soliciting” sign or a locked gate.
Standard Of Care Owed To The Trespasser
As much as you won’t believe it, you owe a certain level of care to trespassers. The amount is determined as reasonable. This requires the answers of such questions such as what is reasonable in similar situations and whether the homeowner has executed at least that much care. For instance, a simple warning sign of danger would fulfill your standard of care towards trespassers.
However, there is something that’s particularly important here. If the dog has exhibited dangerous propensities, the owner is going to have strict responsibility, which means that he’d be liable for the injuries regardless of whether he acted negligently or not. Dangerous propensities are also in need of clarification. This means that your dog has already exhibited certain characteristics which can be qualified as dangerous to people.
Exception To This Particular Exception
Now, if you’ve chained your dog or you’ve taken any other methods of precautions and the trespasser has put himself in harm’s way, you wouldn’t be liable for his damages. The trespasser wouldn’t be able to recover any kind of damages. The truth is that when it comes to the liability of the owner in cases of trespassers being attacked by the owner’s dog, the latter can be absolved of liability if the facts line up correctly. This is only logical. However, the law regards this issue very seriously because it’s capable of causing severe complications. Dog bites are dangerous and they need to be taken in proper account by the legal system and everyone involved.
However, it is best to have a personal injury lawyer represent your rights, so that you can get the legal assistance that is needed, especially when you are not at fault.