What to Do After a Dog Bite Accident?
- 18.11.2024
- Insights
Dog bites can be traumatic, both physically and emotionally. In Ontario, dog owners are held legally responsible for injuries caused by their pets, but knowing what to do after a dog bite is crucial to protect your health, rights, and potential for compensation. This blog outlines the key steps to take following a dog bite accident in Ontario, what legal rights you have, and how to seek compensation for your injuries.
After seeking medical attention you should:Â
1. Identify the Dog and Owner
Identifying the dog and its owner is essential for legal and health reasons. If the dog is a stray or if the owner is unknown, it can complicate the process of getting information on the dog’s vaccination history or pursuing compensation.
- Get the Owner’s Contact Information: Ask for the dog owner’s name, address, and phone number. If the dog’s vaccination history is unclear, this information is vital.
- Check for Witnesses: If others saw the incident, ask for their contact information as well. Witness statements can support your claim if there’s any dispute about what happened.
In Ontario, under the Dog Owners’ Liability Act (DOLA), dog owners are strictly liable for injuries their pets cause. This means that regardless of whether the owner was negligent or if the dog had shown aggression in the past, they are legally responsible for any harm their dog causes.
2. Document the Incident to the Best of Your Abilities
Proper documentation is crucial for building a strong claim. Gather as much evidence as possible at the scene:
- Take Photos: Photograph the injury, the location where the bite occurred, and the dog if possible. Clear pictures can be useful in demonstrating the severity of the injury.
- Write Down Details: Document the date, time, and location of the incident. Record a detailed description of how the bite occurred, including any interactions with the dog or owner prior to the incident.
- Keep Medical Records: Retain copies of all medical bills, prescriptions, and treatment records, as these can be used to calculate damages in your claim.
The Canadian Veterinary Medical Association (CVMA) recommends documenting the specifics of dog bite incidents thoroughly, as it can assist health professionals and legal experts like us in understanding the circumstances and extent of the injuries.
3. Report the Incident to Local Authorities
In Ontario, dog bite incidents should be reported to local authorities, such as your municipality’s animal control or public health department. This report serves multiple purposes:
- Protecting Others: Reporting the bite helps prevent future incidents, especially if the dog has shown aggressive behavior before.
- Official Record: Filing a report creates an official record of the incident, which can be useful if you pursue a legal claim or if there’s a need for follow-up with the dog owner.
Many municipalities, such as Toronto Animal Services, have processes in place for handling dog bite reports. Reporting can also lead to an investigation into the dog’s behavior and its owner’s responsibility.
4. Understand Ontario’s Dog Owners’ Liability Act (DOLA)
Ontario’s Dog Owners’ Liability Act (DOLA) makes it clear that dog owners are legally responsible for injuries caused by their dogs. Here’s what to know about DOLA:
- Strict Liability: Under DOLA, dog owners are strictly liable for damages if their dog bites or attacks someone. This means that the injured party does not need to prove negligence on the owner’s part.
- Shared Responsibility: If the injured person provoked the dog or acted negligently, the court may reduce the compensation proportionally, but the owner may still be liable for part of the damages.
- Claims for Damages: Injured individuals can claim compensation for medical expenses, lost wages, pain and suffering, and other related costs under DOLA.
Knowing your rights under DOLA can help you understand what to expect when seeking compensation for your injuries.
5. Consult a Dog Bite Injury Lawyer
If you’ve been seriously injured or incurred significant expenses due to a dog bite, consulting a Dog bite lawyer can help you understand your options for compensation.
- Legal Guidance: A lawyer can explain the claims process, help gather evidence, and represent your interests in negotiations or in court if necessary.
- Calculating Damages: Personal injury lawyers are experienced in estimating fair compensation for both economic losses (like medical bills) and non-economic losses (like pain and suffering).
- Dealing with Insurance Companies: Some dog owners may have liability insurance that covers dog bites, but insurers may try to minimize payouts. A lawyer can handle communications with insurers to ensure you receive fair compensation.
The Ontario Bar Association suggests consulting a lawyer early in the process if you’re unsure about your legal rights or the value of your claim, as they can help you navigate the complexities of personal injury law.
7. Keep Records of All Related Expenses
Dog bite injuries can lead to various expenses, from immediate medical costs to ongoing treatment and lost income. Tracking these costs is essential for obtaining full compensation.
- Medical Bills and Prescriptions: Keep receipts for every medical visit, prescription, or therapy related to the injury.
- Lost Wages: Document any workdays missed due to your injury, including follow-up appointments or recovery time.
- Psychological Support: If the incident leads to trauma or emotional distress, include any therapy or counseling costs.
These records not only demonstrate the financial impact of the injury but also contribute to a stronger claim for fair compensation.
8. Avoid Social Media Discussions About the Incident
Be cautious about discussing the dog bite incident on social media. Insurance companies and defense attorneys may review social media posts to find information that could be used against you.
- Keep Posts Private: Avoid sharing details about the incident, your injuries, or your recovery on social media.
- Consult Your Lawyer: If you’re unsure about what you can share, discuss it with your lawyer, as even innocent posts can be misinterpreted.
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A dog bite incident in Ontario can be overwhelming, but by taking immediate action to protect your health and legal rights, you can set yourself up for a smoother recovery process and fair compensation. Seek medical care, document the incident, report to local authorities, and understand your rights under Ontario’s Dog Owners’ Liability Act. If your injuries are significant, consult a personal injury lawyer to help guide you through the claims process.
By following these steps, you can protect yourself and strengthen your case, ensuring that you receive the support and compensation you need.