Is a dog bite a personal injury claim?
A dog bite is a personal injury claim. The dog owner is the tortfeasor as he/she has the responsibility for the actions of the dog.
What happens if your dog bites someone?
Check to see if the person is in need of any medical help. Obtain the information of the person to include the name, phone number and address. Make any notes or take a photo of the area so you are able to recall what happened. If a Claim is advanced, this may be covered through the policy of insurance through your house.
What happens if someone else’s dog bites you in Ontario?
Seek immediate medical help if needed. Obtain the information on the dog and dog owner to include the name, phone number and address of the dog owner. If you have an opportunity, take a photograph of the injuries from the bite, a photograph of the scene and a photograph of the dog that bites you. Most Homeowners who have insurance will have coverage for claims that are made related to a dog bite or dog attack.
Can you sue for a minor dog bite?
Yes. Often minor dog bite claims can be settled with the Homeowners Insurance Company with proper proof of the claim and documentation. There is no verbal or statutory threshold of the nature of the injury that relates to a dog bite claim.
Does a dog have to be put down if it bites someone in Ontario?
There are laws in the Province of Ontario that deal with this and a potential charge to the Dog Owner for the actions of the dog. Each situation is different and the decision varies based on the nature of the attack, the outcome of the attack and the breed of dog that was involved in the incident.
How long does a dog bite case take to settle?
Each case is different and unique. A dog bite case may settle within weeks if both sides are reasonable and there is adequate proof of the dog bite and the impact that it had on the injured person. Some claims are not settled because one or both parties are not reasonable or willing to settle a Claim. In this scenario, a Statement of Claim is issued by way of a lawsuit and a Claim will likely settle during that process.
How do you negotiate a dog bite settlement?
A notice letter is provided to the dog owner to provide a copy of the notice of the incident to the homeowner’s insurance.
After contact with the assigned adjuster, it is the obligation of the injured person to gather up all available evidence of the dob bite to include photos, medical records, reports, witness statements, etc. and to provide to the Insurer so that they have a full account as to what happened and what injuries were caused as a result of the dog bite.
In addition, OHIP need to be contacted in case there was any OHIP-funded treatment that was provided to treat the injuries such as attendance at the hospital or a clinic. A copy of what the costs of OHIP were are required in order to negotiate a settlement.
With all information available, the Lawyer from CRB Law will go through with you the valuation of your Claim and then proceed to speak with the Insurer to negotiate a settlement of your case.
How much should you sue for a dog bite?
As every case is different depending on the type of injury and liability, there is no general “$X” settlement for this type of injury.
You need the expertise of a lawyer to be able to identify all of the areas of possible compensation for your case and what is a reasonable assessment for your Claim.
Should I get a lawyer for a dog bite?
It is worth consulting with an animal attack lawyer to assess whether or not you have a valid legal claim. There is no fee for the consultation so you do not have to pay anything out of pocket. The advice is free and based on our initial meeting, the team at CRB Law would be able to inform you as to the benefits to proceed forward on your claim arising from your injuries arising from the injury.
Animal Attack Basics
Animal attacks may leave a victim both physically and emotionally scarred. One of the most common animal attacks in Chatham, Ontario are dog attacks. Find out what are the types of compensations in case you or a loved one have suffered an animal attack injury.
Common Dog Bite injury complications
Some of the potential complications of a dog bite injury can include:
- fractures from falling,
- sepsis (blood infection),
- endocarditis (infection of cardiac tissue),
- meningitis (infection of brain tissue),
- emotional trauma/post-traumatic stress disorder,
- muscular damage,
What to do in the event of an Animal Attack
Dog attacks should be reported to the corresponding Municipality’s Animal Control Services Branch. Any investigation in Chatham required on their end may be completed without hesitation. In many instances, a dog may have a history of attacks or disease, which are or need to be recorded by Animal Control.
Subsequent to any animal attack, it is wise to consult a lawyer immediately so that he or she may assess your case and notify the animal owner of your intention to commence a legal action
As with any legal action in Ontario, there are time limits that govern a victim’s ability to commence a lawsuit against a responsible party in Chatham and throughout Ontario.
In Ontario, the time limit for commencing a court action in the case of a dog bite is two years from the incident.
These statutory time limits may prohibit your rights to recover for any losses that you would otherwise be entitled. Assessing your damages and guiding you through the procedural steps in place in Ontario requires the analysis and experience of a personal injury lawyer.
Dog Owner Liability Act
The governing legislation in Chatham, Ontario for dog bites is the Dog Owner’s Liability Act. This legislation not only holds owners generally liable for their animal’s attack but also sets controls and bans for certain dogs within a residential household.
Animal Attack and Dog Bite Compensation
The legislation in Ontario holds animal-owners liable for any injuries they may cause to the public. Areas of compensation that may be available to victims include:
Non-Pecuniary General Damages
The most common form of compensation for an animal attack is an award for Non-Pecuniary General Damages or “pain and suffering”.
The other type of compensation can include recovery of your out-of-pocket expenses for travel and costs for treatments and may also include the cost of treatments into the future.
Loss of income
Lastly, if the result of your animal attack resulted in you being off work then a type of compensation you may receive is recovery for your income losses.