Many individuals think of dogs as “a man’s best friend.” Dogs have also been known to be perfect domestic animals and are sometimes used by homeowners and businesses as a means of protection.
However, there are situations that can lead to a dog causing injury to domestic animals and or individuals. In these cases, individuals should be aware of what to do after a dog attack.
According to the Dog Owners Liability Act (1990), dog owners are strictly liable for injury caused by their pets in most cases. This means that individuals who are attacked by dogs or who are victims of dog bites have the right to receive compensation from the animal’s owner.
Often, people are unaware of the ways in which they can receive compensation from dog owners, especially in cases where owners are unwilling to compensate victims. A lawsuit filed with the assistance of an Orillia dog bite lawyer can help you receive the reimbursement you deserve and also provide methods to ensure that injuries caused by canines do not occur in the future. To learn more or discuss what legal options may be available to you, consult with an experienced injury lawyer today.
To prevent getting attacked by a dog, you should try to pay attention to a dog’s body language. If you believe that the dog is going to attack, place your hands at your side and avoid eye contact. Do not scream. Back away slowly and leave the dog’s territory.
The effects of dog bites include: severed limbs, lacerations, infections, trauma, and in some cases, death. If you have been attacked, seek medical attention and ensure that you get the name and contact information of the owner of the dog. If you cannot obtain this information, inform the authorities as soon as possible. Also, be sure to keep records of medical treatment and other effects of the bite, along with photographs of the injury. If you need assistance, get a local lawyer to protect your interests during a dog bite claim.
Section 5.1 of the Dog Owners Liability Act mandates every dog owner to exercise reasonable care to prevent their pet from biting or attacking someone or a domestic animal. The victim of a dog attack does not need to prove that its owner was aware of the danger or threat that their pet posed to others. The law states that a dog owner’s liability does not depend on their knowledge of the animal’s propensity to attack.
Individuals are often oblivious to the types of compensation they can receive. Compensation available for individuals or animals injured by a dog in Orillia may cover:
Whether you were injured by a dog or you’re representing your injured animal, you should seek present and future medical bills to maximize your potential damage award. If you have missed work due to a dog bite, compensation for your lost wages can also be sought. Additionally, for individuals who suffer from permanent disability, leading to diminished earnings, or those who have to undergo plastic surgery due to disfigurement, reimbursement is necessary.
Despite the law’s specificity on a dog owner’s responsibility to compensate damages caused by their pets, there are cases where compensation may be reduced or may not have to be given at all. Contributory negligence may lead the court to reduce compensation, especially if the injured person acted in a way that makes them partially responsible for the canine attack.
For example, if you provoked the dog in any way, you may recover only a portion of your total damages or be barred from recovering any compensation whatsoever. If the case involves children, the court may try to determine whether the parents of that child were negligent in regards to supervision.
In the case of criminal acts, there may be no need for the dog owner to pay compensation. If a dog attacks a person who is committing a crime or has the intentions of committing a crime on the private property of a home or business owner, the owner is not liable for any subsequent injuries. However, if the keeping of the dog was unreasonable for protection, there is a possibility that some compensation may be awarded.
It should be noted that dogs are often used in several institutions – such as police forces, whose responsibility it is to protect civilians. These dogs may be used to help solve cases or to find individuals committing or who have committed a criminal act. In these cases, it is difficult for the victim who has been attacked by the dog to receive compensation.
Most Orillia bylaws stipulate that dog owners are to ensure that their pets do not pose a threat to household animals or people. This means that they are obligated to prevent their dogs from putting individuals or their animals in danger. Owners must also keep their dogs on a leash where necessary and register their animals with the municipality.
Dog owners also often ask whether it’s possible for someone other than themselves to be responsible for the injury caused by their animal. The answer is yes. If the owner of the dog can prove that someone else contributed to the injury, they can request that the other person compensates you either to some extent or fully. For example, if two dogs attack you, but you’re only able to contact one of the owners, they have the option of finding the other owner and asking them to help with paying compensation.
While dogs are a great source of companionship, they can pose threats to human life, as well as the lives of domestic animals. According to the Dog Owners Liability Act (1990), injured individuals should receive full compensation unless the attack was caused by their own negligence or they were in the process of committing a crime.
Dog owners should be aware that it is their responsibility to keep their pets under control, and you should be aware of your legal rights in the event of an attack, as well as ways in which you can prevent an attack altogether. There is no guarantee that you will never be bitten by a dog or that your pet will never attack someone. Ensure that you are educated on the measures you should take if either of these situations occur. If you are still unsure about what actions should be taken, consult an Orillia dog bite lawyer at Rastin Law.