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.
Right off the bat, the liability which is set forth in Canadian legislation is strict. The act which governs this particular matter is called the Dog Owner’s Liability Act and it’s something which is tremendously comprehensive. It has been enacted back in 1990 on the 31st of December and it hasn’t been changed or amended ever since – this is definitely a proof of how actual and current the legislation is.
Strict liability – what is it?
Strict liability is a legal institute which is rather drastic when it comes to it. This means that you will be liable for the conduct of your pet even if you are not around and you have nothing to do with the attack. Therefore, if someone gets attacked and damaged by your dog in your absence, you will still have to take responsibility for it.
Is this always the case?
Every single case is different. Luckily for dog owners, the act also foresees certain scenarios in which the aforementioned strict liability shall be reduced accordingly. This is in the event the victim has contributed for the attack. Maybe he taunted the dog or maybe he had hit him to trigger the attack – he did something to contribute and that’s what’s important. This is the institute of the so called contributory negligence.
What is contributory negligence?
This is the situation in which the victim is also liable. The insurance company is going to properly explore the entire situation and determine how much contribution the victim has in relation with the attack. The important thing that needs to be accounted for is that no matter how liable the victim is, the owner can’t get away from the case without any liability – this is once again due to the strict liability set forth in the Dog Owner’s Liability Act.
With all this in mind, it’s important to understand that everything in relation with your dog bite case should be handled by a professional lawyer. This is going to ensure that everything is handled as per injury lawyer. They will take care of all legal liabilities and complications of the case, as it is regarded to. Make sure to hire one as soon as it is possible. With plenty of personal injury lawyers in Milton that are ready to assist people file claims for the damages, it is better to work with a legal firm that charges on contingency basis.