Why Sue The Dog Owner In A Dog Bite Case?
If you have been bitten by a dog, then you can always hold the dog owner as well as the property owner responsible for your injuries as well as the psychological trauma you have suffered. You can file for damages with the help of an experienced Personal Injury Lawyer in Whitby who has expertise in the dog bite cases.
If you or your family member has been bitten by a dog, then you should immediately wash the wound. If you know the owner of the dog, then you should ask him/her if the dog has been fully vaccinated or not. You should seek urgent medical attention and get the recommended treatment against any infection as well as rabies. The next step is to inform the police about the attack. It is always recommended to consult a knowledgeable Injury Lawyer in Whitby to seek damages for your injuries and trauma.
In the province of Ontario, there is a specific legislation known as the “Dog Owner’s Liability Act” that governs the dog bite incidents. According to it, when a person or a pet of another person is bitten by a dog, then its owner(s) are liable to pay for any incurred damages. According to the provisions of this law, the onus is not you to prove that the behavior of the dog was caused by the owner or that the owner was negligent towards his/her dog.
As your Injury Lawyer in Whitby will explain, the dog owner should also be unaware of the fact that his/her dog has the propensity to bite. As per the law, if the dog has bitten or attacked someone, then its owner is liable for its actions and would be held to strict liability. The only main exception to this is when the dog is protecting its owner’s property.
According to the law, the court will take into account the fault of the owner while calculating the damages and can increase or decrease the compensation amount depending upon the degree of contribution of the defendant to the actions of the dog. For example, if the owner failed to hold back the dog or he/she ignored the propensity of the dog to bite, then he/she is liable to pay more damages as compared to the owner whose omissions or commissions did not in any way contribute to the behavior of the dog. Only Personal Injury Lawyer in Whitby having an experience in handling such type of dog bite cases can prove in court, the role played by the owner in the whole incident.
If the incident occurred due to any provocation on your part, then the court can reduced the awarded damages according to the percentage of contribution. The court has the right to order the dog’s owner to either keep more control over the dog or get rid of it as per the involved circumstances. If the court feels that the dog is unsafe for the society, then it can even order the dog to be destroyed.
The Personal Injury Lawyer in Whitby will seek damages for your medical and rehabilitation costs, loss of work, housekeeping expenses and maintenance caused along with the compensation for the psychological trauma you are undergoing. To read more Click Here