Dog bites are undoubtedly challenging and particularly overwhelming to go through. They cause a lot of pain and also a lot of emotional turmoil as the event itself is particularly overwhelming. This is something that you should take into account.
When it comes to defining negligence, there are quite a lot of broad rules in the civil legislation of Ontario. However, as dog bites have become a very serious issue, there is a specific piece of legislation called the Dog Owner’s Liability Act. It was enacted back on the 31st of December in 1990 and it hasn’t been amended or changed ever since, attesting to its long-term relevance.
However, the act sets forth the boundaries of the so called strict liability, which is definitely something that you should take into account. This means that the dog owner is going to be held liable for the damages caused by his dog to another person, pet animal or property. As such, he is not even required to be present at the time of the accident in order to be found negligent and, therefore, responsible for those damages. This is most certainly something that you need to take into very serious consideration when it comes to it.
In order for the victim, however, to be capable of getting any type of compensation, negligence needs to be established. This means that it’s possible that certain attacks might not be leading to fault of the owner. While this is rarely the case, it is quite possible. Thus, get the right legal advice.
Negligence suggests that there is a breached duty of care which has led to certain damages. Therefore, the first thing that the plaintiff needs to establish is said duty of care. There is a tremendous amount of different situations which set forth different levels of the duty and it’s important to enlist them all. Generally speaking, the dog owner is required to exert such duty that his animal does not cause damages to another person, animal or property. This should take him whatever is necessary.
If this duty is breached then the owner has been negligent. And, if the breach of the duty has caused damages, the owner will have to compensate the victim. Rest assured, though, that these accidents tend to be included in what’s covered by his home insurance policy and as such, the victim might have to deal with the insurance company instead.
In all cases, the presence of a professional and experienced personal injury lawyer in Kitchener is definitely something that you should take into account. This is going to ensure that the lawyer maintains the highest legal standards. That is why you get the compensation that you are rightfully entitled to when it comes to it. Thus, don’t delay in hiring a lawyer and ensure that they have handled similar cases in the past.