Why Dog Bites Are Covered Under Canadian Tort Laws?

While dog bites may be somehow rare, they tend to happen a lot more than you think. However, it’s important to note that the legislation which governs these particular types of accidents is fit within the Dog Owners’ Liability Act. It governs the accidents over the province of Ontario and therefore in the city of Lindsay. This is an act which puts clear definition and limitations of the responsibility which is carried out by the owner of the dog in the event in which said dog does damage to another person and/or to another pet. The responsibility is incredibly broad and it is definitely a sign that the legislation takes the matters seriously enough.

It is notable that the liability of the owner is present even if he is not. This means that if you have left your dog unattended and at that period of time it attacks another person you are going to be held liable even though you weren’t physically there. The solution is incredibly fair because dog bites are grave and disturbing and they can cause a lot of pain. This means that the responsibility of the owners should be according to that. As per tort laws, the level of injuries covered under it govern the amount of compensation.

Govern duty of care

At the same time the law sets forth clear legislative rules which govern the duty of care which the owner is responsible for. He must take all necessary precautions in order to prevent any potential mishaps involving his dog. This means that he must do whatever he possibly can to prevent his dog from biting or attacking other people. In fact, the bite is not even a requirement for grounds for a legal case. The simple attack could cause enough emotional traumas to the victim and it could serve as merit for filing a compensatory claim against the owner.

However, it’s important to note that there is also a certain limitation on the liability of the owner. This is provided by the institute of so called contributory negligence. Even though the law assumes that the owner was negligent in the event of the attack, it is also possible that the attacked party has also contributed for the bite. If a person has aggravated the dog so much that it causes the attack and respectively the damages, his compensation is going to be reduced according to his share in the negligence. The judges have to determine this in every single case individually but it is a subject of proving and it could just as well serve as a defending tool for the dog owner. Nevertheless, it’s not easy proving that the other people have contributory negligence because it’s not as easy to classify a behavior as negligent, especially in the victim.