Dog Bite Lawyer Toronto

A dog bite is a tough injury. While it may heal quickly, a serious dog bite can come with permanent disfigurement, infection, and/or require surgery.

Sadly, the most common victims of a dog bite are children. A child’s natural curiosity brings them physically closer to a dog, not realizing the threat a canine can pose. Unfortunately, due to their small size and the panic that can set in during an animal attack, children are at an increased risk of suffering serious injuries from a dog bite compared to adults.

Be it an adult or child, even after the physical injury heals, a victim may still be dealing with the emotional trauma of a dog bite.

It’s not uncommon for a young child to develop a phobia of dogs as a psychological response to a dog bite.

Any victim of a dog bite is strongly advised to contact one of our dog bite lawyers at Joshua Goldberg Law. Ontario has strict liability laws surrounding dog owners. There may be compensation available. Don’t wait to make a claim.

Dog bite law in Toronto is guided by provincial legislation that places liability on the dog’s owner for any attack that occurs to people or other animals.

A dog owner is defined as a person who possesses or harbors a dog. If there is more than one dog owner, they are jointly liable for the damage caused.

If the dog owner is a minor, the person responsible for custody of the minor is also defined legally as an owner.

The dog owner does not have legal grounds to dispute who was at fault. If there was a dog bite, the fault is already decided according to the law and the responsibility falls on the shoulders of the dog owner. Automatically, they are financially responsible for covering damages.

Every case is unique, even though dog bites are common. The role of an experienced Toronto dog bite lawyer is to represent the victim and ensure their claim is handled diligently and fairly as they seek compensation.

A dog bite injury lawyer will aid you in securing compensation to cover past and future medical expenses relating to your injury.

A lawyer will use legal strategies such as the Dog Owner’s Liability Act and/or the Occupiers’ Liability Act to establish the dog owner as liable.

Dog bites and attacks occur for a variety of reasons. Dogs who attack are often scared, sick, or driven by a need to protect their territory.

A dog bite, legally speaking, is a singular bite from a dog towards a person or another animal. The dog who did the bite may have been a household pet, a neighborhood dog, or a feral animal.

In terms of what to do when you’ve been bitten by a dog, the first thing is to get to a hospital immediately. You don’t know if the dog was vaccinated against rabies or if they could have given you an infection with their bite. Be evaluated by a doctor.

There is no way to fully prevent a dog bite other than to not engage with any canine. Whether you are in someone’s home or out in public, you are at risk of an animal attack.

Especially if you see a dog and they don’t know you very well, watch your behaviour. Respect a dog’s space. Avoid eye contact. Stay calm. Do not make any sudden movements or run. At any given time, a dog of any breed may feel frightened or territorial. By just approaching such a dog, this may be all you have to do to seriously agitate them.

If a dog has an owner who has been reckless or negligent, they may be liable for the harm caused by their dog.

Please note that this includes not only injuries sustained from a dog bite but also any property damage caused by their dog.

The only time that a dog owner is not liable for a dog attack or dog bite is if they bite someone who is in the midst of committing a crime. An example of this is if a person breaks onto your property and is bitten by a dog, the dog owner is most likely not going to be held liable in a court of law.

A dog owner is expected to manage a dog’s aggression. Even if they have taken the steps to socialize their dog in the presence of others, however, this does not mean they aren’t liable.

If the dog bite occurs on the dog owner’s property, a dog owner can still be sued though this may impact compensation, especially if sufficient warning was given that the dog may bite.

If you are a dog owner whose dog has bitten someone, the first thing to do is to take control of your dog to prevent further injury. Next, help the victim. Wash the wound with warm soapy water if the victim agrees. Offer to call for help. Exchange contact information with the victim and, if applicable, provide insurance information to the victim. Ensure they are treated fairly. If there were witnesses to the dog attack, get their contact information. Lastly, notify the local authorities and comply with any orders you are given as a dog owner.

The Dog Owner’s Liability Act in Ontario outlines a concept known as ‘strict liability’. This means the owner of an animal is almost always liable for when that animal attacks, regardless of whether the animal has a prior history of biting or not.

• It does not matter if the dog is otherwise well-behaved.

• The dog owner does not have to have been negligent for the Act to still apply.

• If the dog owner warned that the dog may attack and the dog bites you, the dog owner is still technically liable.

• Even if the dog owner tried to prevent the attack or stop the attack, they are responsible.

• If the dog owner is not present at the scene, the owner’s liability still stands.

This is what is frequently cited when one refers to the Ontario dog bite law.

While a dog owner is liable for their dog’s actions, how the dog owner acts in the face of a dog attack impacts what compensation a victim may access.

Judges will use their discretion when awarding compensation to a dog bite victim. If there is evidence the victim somehow provoked the dog, compensation is likely to be lower. Subsequently, if the dog owner takes action to prevent the attack, those actions could also lower the compensation available to a victim.

There are other factors that can play into the legal process for dog bite victims such as the extent of the injuries, the dog breed and whether that breed is known for aggression, and whether the animal was on a leash or muzzled.

Needless to say, the legal process is complex. This is why it’s helpful to hire a Toronto dog bite lawyer to advocate for maximum compensation.

A dog attack can cause several degrees of injury. An attack doesn’t even need to involve a bite to injure someone and cause damage.

Common dog bite injuries include puncture wounds, permanent tissue damage, nerve damage, rabies, scrapes and scratches, bone fractures, sprains, eye injuries, head and neck injuries, psychological trauma, and emotional trauma.

In addition to the actual bite, most victims will try running away or fighting off the animal if the dog is particularly vicious. In this, they may sustain scrapes, bruising, sprains, and fractures.

A dog attack can ultimately leave a victim with minor or severe injuries, depending on the circumstances.

There is a psychological impact to a dog bite. It can cause long-lasting emotional distress, social embarrassment from scarring, post-traumatic stress disorder (PTSD), and anxiety.

For some victims, this is far more problematic than a physical dog bite. These can be the mental health consequences of a dog attack.

• A deep-rooted fear of dogs or all animals.

• Anxiety about being near dogs or even a simple walk in the park if a park was the environment in which the dog bite occurred.

• A sense of fear that can hinder social activities and affect overall well-being.

• Avoidance behaviors.

• Nightmares and flashbacks that cannot be controlled.

Liability is already proven in a dog bite case without a lawyer having to do much other than highlight the Dog Owner’s Liability Act.

For additional backup, if the dog bite or dog attack occurred on the property of the dog owner, a lawyer may also put forth the Occupiers Liability Act. The Act mandates that a property owner is required to take reasonable steps to protect visitors from foreseeable harm.

This includes protecting anyone who comes onto one’s property from dogs with a propensity to bite and attack.

It is essential to get medical attention as quickly as possible after a dog bite. If the dog is unknown to you, they may or may not have rabies.

Even if they do not have rabies, the bacteria from a dog’s mouth can worsen an injury, preventing it from healing and potentially leading to infection. A bite puts a dog’s saliva into the wound. A single bite can transmit hundreds of pathogens, contaminating the bite wound.

Up to 20% of dog bite wounds develop an infection. Don’t chance it. Receive immediate medical attention following a dog bite of any kind.

The compensation available for dog bite victims is designed to cover any medical expenses and loss of income caused by the injury.

In a dog bite case, here is what you may be entitled to compensation for:

• Pain and suffering

• Loss of enjoyment of life

• Loss of amenities

• Loss of past and future income

• Out-of-pocket expenses

• Healthcare expenses for psychological treatment

• Plastic surgery

• Physical rehabilitation costs

• Loss of ability to take care of one’s home

For a detailed estimate of how much compensation you may be entitled to for a dog bite, consult a dog bite injury lawyer.

Animal control does not have a large role to play in a dog attack incident.

If you have been bitten by a dog, it is recommended to call police or animal control to report the incident. They may follow up to determine if the dog has received all of its required shots, including the rabies vaccination.

The role of an animal services officer is limited to recording a dog bite incident and determining if the dog who did the biting is vicious or a danger to the general public. In this respect, animal control protects public safety.

An investigation by animal control may be conducted to determine if the dog was provoked or had reason to bite.

Due to their aggression and other factors, there are many dog breeds that are outright banned in Ontario. They are not permitted to enter or travel through the province.

These breeds include Pit Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers, and American Pit Bull Terriers.

Alternatively, some breeds are known to be particularly aggressive when it comes to bites. Breeds that have engaged in fatal dog bite attacks in Canada include pit bull breeds, malamutes, chows, Rottweilers, huskies, German shepherds, and Dobermans.

Though many dogs will never bite anyone, there are many dogs that will act aggressively on account of several causes. Certain breeds are more likely to be aggressive in the name of domination aggression, territorial aggression, fear aggression, maternal aggression, redirected aggression, or pain-induced aggression.

As you seek out Toronto dog bite lawyers to litigate your dog bite attack, what you do in the immediate aftermath of a dog bite matters.

After you seek out medical attention to eliminate any risk of infection and the more dangerous aspects of a dog attack, take the following steps.

• Get the contact information of the dog owner.

• Write down the details of the attack.

• Take photos of the injuries you sustained.

• File a police report.

• Contact a lawyer.

It is free to speak to a dog bite lawyer. If you have a case, one of our legal experts can help you move forward with a claim. The suggested path to receiving compensation, in most situations, is to file a personal injury lawsuit against the dog owner.

As a lawyer helps you build your case, they will take steps like contacting the owner for homeowners or rental insurance. They will file a claim with the insurer and maintain contact. A lawyer will obtain witness statements, collect medical records, retrieve employment records if you were unable to work, find expert medical opinion to confirm the severity of your injuries and prepare a reasonable request for compensation.

A victim has up to two years after the date of a dog attack to file their dog bite claim in Ontario.

A dog bite case is likely to be settled out of court and not make it to trial because the evidence and the law are fairly clear.

A dog bite lawyer will negotiate on your behalf and pursue a settlement for maximum compensation to cover past and future losses tied to your injuries.

Should a settlement not be reached, as your dog bite lawyers, we will be prepared to represent you in court.

If the case goes to court, in many cases, if the court finds that there has been a bite or attack, or if the dog has proven themselves to be a menace to the safety of others and there is a need to protect the public, the court may order the dog be put down.

For this reason, a dog owner may try to negotiate, as a part of a settlement, a lesser judgment, such as taking specific measures to more effectively control the dog as opposed to putting the dog down. Conditions might include confiding the dog to the owner’s property, restraining it with a leash or muzzle, and/or posting warning signs.

The courts may also order a dog to be neutered or spayed within 30 days of the conclusion of the dog bite case – another reason that a settlement may be more attractive to a dog owner and their defense lawyer.

As a part of a package of comprehensive evidence your lawyer will submit in a dog bite claim, expert testimony is often favored.

Expert testimony can delve into the nature of the injuries sustained. An expert can also discuss in-depth the dog’s breed, behavior, and other factors that would have played into the dog attack. If the dog owner is arguing the victim provoked the attack, expert testimony can be essential to proving that they did not provoke alongside witness testimonies if there were witnesses.

To win your case and put forward a strong dog bite case, expert testimony can prove to be a vital component.

There are an estimated 500,000 dog bites that happen every year in Canada. Of these, 1-2 are fatalities.

Most of the time, these are sadly children. More than half of all reported cases of dog bites in Ontario involve a canine that is either owned by the victim’s family or by the victim’s neighbor.

Children 5 to 9 years of age are the most common victims of dog bites. The most common areas where they incur injuries are the head, face, and neck.

For children, the horror of a dog bite extends far beyond the initial physical trauma. Severe injuries can necessitate for young children extensive medical treatment and therapy that leave behind physical scars and mental trauma.

Unfortunately, due to their formative minds, children are particularly vulnerable to developing PTSD and anxiety from dog attacks.

Injuries sustained from dog bites frequently heal quickly but in some cases, medical care and psychological treatment are required for months to come.

If it was a facial dog attack, there may be permanent disfigurement requiring surgery.

Mental health counseling, therapy, and psychological treatment are strongly recommended regardless of how serious the injuries are. A victim may not even be aware they have post-traumatic stress. Medical and psychological care for dog bite victims has to be a part of any plan to rehabilitate and fully heal after a dog attack.

A personal injury law firm specializing in dog bites and dog attacks is your best bet in recovering compensation and seeking justice for your injuries.

For the damages you suffered at the hands of the unwarranted aggression of a dog, don’t try to fight alone. Allow us to join you and provide guidance on how to navigate the legal system.

Joshua Goldberg Law offers our potential clients a free consultation for any dog bite claim.

If you wish to launch a dog attack lawsuit, sit with one of our experts. We will go over with you the details of your claim, discuss the physical and psychological injuries, delve into past and future medical bills, and more.

Choose Joshua Goldberg Law to be your legal team in handling your dog bite case. We are experts in dog bite law and can help.