Loyal, obedient, and fantastic fun, having a dog can be one of life’s most fulfilling pleasures.
Unfortunately, sometimes things go wrong, and you or a loved one, can be bitten by a dog. Sometimes, this will be no worse than a slight nip. However, on occasion, a dog bite can be a life-altering experience. Depending on the circumstances, victims can be left with ongoing pain, disfigured, experience emotional stress, and sometimes, fatal consequences.
Understanding where you stand legally after a dog bite is vital as you could be able to receive damages for the physical and emotional pain suffered during any attack.
Why do dogs bite?
The best way to keep yourself safe from being bitten by dogs is to understand why they bite. Sometimes, they accidentally overstep the mark while playing and feel compelled to attack more ferociously on other occasions. If you don’t know the dog, always approach cautiously until you know how they behave in certain situations.
To help, here are some reasons why a dog may bite:
- They feel scared or startled
- They feel unwell or have been injured
- They think they need to protect something. This could be their food, toy, or a puppy
- They feel threatened
- Their playful bite unintentionally causes damage
What steps to take after a dog bite
Certain steps must be taken after a dog bite to allow you to take legal action (if required) and receive a payout reflective of the injuries sustained and any emotional damage.
- Seek medical attention: Your safety is of paramount importance. In the aftermath of a dog bite, seek medical attention immediately. Even if a wound looks minimal, it could be infected. Any legal claim will require a medical assessment, so ensure everything is documented.
- Find the dog owner: If you don’t know the dog and its owner, find their name and address as soon as possible.
- Write-up the details: After the bite, make a written report of precisely what happened. Document everything that occurred in as much detail as possible. Please include what you did immediately before the attack, how long it continued, and how much pain you were in. Include details of any witnesses to the attack who can support your testimony and help your case.
- Grab photos: Take photos of anything and everything that might help your claim. Include wounds, ripped clothing, blood stains, teeth marks, and anything else to support your case.
- Report the attack: Inform the correct legal authorities of the attack. File a report at the local police station or local animal control office.
- Speak to an attorney: Before speaking to an insurance company, talk to an attorney to understand your legal standing in Ontario. If you want to seek damages in court, the attorney can lead on the case, speaking with insurance and the plaintiffs with extensive knowledge of laws governing dog bites and settlement.
How to determine whether you need to go to court
Many claims can be settled without the need to go to court. The pet owners’ home insurance will often cover any claim and settle without going to court.
Insurance policies differ depending on the provider. Some will cover bites in public places like local parks or streets. Others may apply restrictions on which breeds they cover. Some breeds seen as aggressive and more likely to attack, such as Rottweilers and Pit Bulls, can be excluded from cover.
In cases where the claim will be covered by insurance and settled out of court, hiring an attorney to manage the claim is advisable. A lawyer well-versed in dog bites will know how to present your case to the insurance company and achieve the best possible settlement.
However, there are occasions when you will need to seek court action to receive a settlement. For example, if the dog owner does not have insurance and refuses to pay compensation themselves, you would need to head to court. Similarly, if the owner disputes the claim or feels that you provoked the dog into attacking you, or you’re not happy with the insurance offer to settle, you may wish to go to court to get the settlement you desire.
In November 2021, a boy was awarded $920,000 following a dog attack. Darcy Romaine of Boland Romaine LLP explains the J v Jocko case:
“This case involved a young boy who was viciously attacked by a dog and bitten about his face and neck. Sadly, the child was physically and psychologically scarred from the event. The challenge in the case was establishing the impact of the emotional damage on his ability to earn income in the future.”
What determines the settlement?
Once you head down the legal route, your attorney will be able to give you a good idea of the amount you can expect from the settlement. The payout will depend on the extent of the damages from the attack and usually average around $30,000. Typically, payouts are never lower than $10,000. Yet, where extreme damage has been done, settlements can cover lost earnings and future earning potential, potentially beyond the million-dollar mark in the most severe cases.
So, what factors determine the likely settlement amount?
- Whether you provoked the dog
- Medical bills
- Level of insurance coverage
- Level of injuries suffered
- Loss of earnings
Ontario laws cover dog bites across the entire province of Ontario, so no matter where the dog bite occurs, you are covered and can seek the proper levels of compensation you deserve. The law places liability firmly at the dog owner's doorstep, making receiving settlements likely in most cases.
Dog attacks are often physically and emotionally painful, leading to potentially large medical bills, loss of earnings, and, in some cases, having to make life-changing alterations.
Finding personal injury lawyers with expertise in helping people receive payouts when dogs have attacked them is essential in building your case, guiding you through the entire process, and helping you achieve the best possible outcome.