Public Safety and Liability for Dog Bites

Dog bites can be extremely painful and traumatic, and may entail tears in the skin, puncture wounds, crush injuries, infection and even disfigurement.  In many cases, dog attacks result in emotional distress and long-term psychological injuries.  Although not common, dog bites are sometimes fatal when an attack is particularly vicious or when infection results from the initial injury. Infections from dog bites can cause symptoms that include vomiting, skin rash, fever, malaise, diarrhea, confusion, and headache. Among the victims of dog bites, many are children. Even in pet-friendly and animal loving communities, dog bites are a public safety concern and should be taken seriously.

Pet owners should be aware of the liability involved in owning an animal that can potentially cause injury to others. Injuries are not always foreseeable and many pet owners don’t anticipate these incidents as pets may not show advance signs of vicious or aggressive behavior. When dog bites do occur, dog owners can be held liable for serious injuries and related losses for the victim.  Seriously injured victims of dog attacks may claim for compensation for their medical and rehabilitation expenses and psychological injuries.

The vast majority of animal bites and injuries are caused by dogs, but other animals such as cats, snakes and horses can cause injury as well.  To reduce the likelihood of injury to others, all pet owners should practice responsible ownership, such as keeping dogs leashed in all public areas, to enjoy the benefits of having a canine companion without worrying about unexpected behaviour and liability issues.

Ontario Dog Ownership Legislation

Ontario has laws that govern dog ownership and liability. The Dog Owner’s Liability Act provides that the owner of a dog is liable for any damages that are caused by a bite or attack by the dog on another person or animal.  In cases where there is more than one owner, all owners are “jointly and severally” liable under the Act.  The Act holds that the owner does not need to have prior knowledge of the dog’s tendencies to find negligence on the part of the owner. However, the court may decide to reduce damages if it is determined that a plaintiff contributed in any portion to the damages.

The purpose of dog ownership laws is to maintain public safety and in late 2015, the City of Toronto announced a review of its dog safety laws to determine whether there is a need for new or enhanced legislation.  One of the events that prompted this study is a 2012 dog attack on a 7 year old girl who was bitten in the face and subsequently required 40 stitches.  The Toronto study will also consider whether tougher penalties should be enacted for owners of dogs that cause injury to others. The review will also raise awareness and educate the public about dog bites and how to report dog bite incidents.

Proving a Dog Bite Claim

The strict liability invoked by the Dog Owners’ Liability Act makes it less of a burden on dog bite victims as they don’t need to prove that the dog owner was negligent.  Even owners who are normally cautious can be held liable if their dog injures another person, and owner liability is not diminished if the dog was previously known to be friendly.  However, if the defendant or court can show that the victim caused the attack, then the amount awarded will be reduced, perhaps significantly. If the victim provoked the attack in some way, that degree of fault will be weighted into the amount of compensation that will be awarded in damages.

Dog bite cases can result in substantial settlements for accident victims. The Toronto Sun reported that an Ottawa woman was bitten in the face in an attack by a Shih Tzu, while the woman was working as a greeter at a local Home Depot store.  The pet owner argued that the woman should not have reached out to pet an unfamiliar dog. The injured woman negotiated a favourable settlement agreement with the dog owner for emotional distress and expenses, including plastic surgery on her nose.  The woman claims that she is increasingly frightful of dogs as a result of the incident.  This is a common long-term symptom for people who have been attacked by a dog; many assert that they continue to feel anxious not only around dogs but even in environments where they may encounter a dog.  Home Depot has since reversed its policy of allowing dogs in stores in Canada.

Dog Safety Tips

Dog owners have good reason to be concerned about liability, as an incident that results in injury to another person can be unpredictable and may occur in a heartbeat.  However, when owners adhere to responsible and common sense safety practices they can generally prevent situations that put the public at risk of being hurt by their dog. It is helpful for all owners to be aware of their dog’s body language, and foresee and prevent ‘at risk’ behaviours.

Dogs must always be leashed when walking in public areas.  If an owner senses that their dog feels threatened by, or aggressive towards another person or animal, they should keep a good distance to avoid the risk of the dog lunging or biting.  However, dog bites are not the only action that can lead to injury.  If a dog has a tendency to jump up on people, even if they are a friendly dog, they may knock a person over and this action can also result in serious injury, particularly to an elderly person.   Certainly, owners of dogs known to aggressive should take extra steps to keep people safe, which may involve muzzling their dog in public areas, erecting a warning sign on their property, and confining their pet in a fenced in area.

A prudent person can also take steps in the interests of their own safety when approaching a dog that is not known to them, or known to be aggressive.  Never pet a dog that is not your own without first putting out your hand to be sniffed, and then, only if the owner first says it’s safe to do so.  Be aware that a dog might feel more nervous and is more likely to bite if it senses that you are tense or angry.  Body language such as yawning, tongue flicking, intense staring, backing away, or a stiff tail are all potential signs that the dog is uncomfortable, which means that you should keep your distance.

If you feel that a dog may attack, never scream or run. Stay motionless with your hands to your sides and do not give the dog eye contact. This will often cause the dog to lose interest and/or perceive you as a non-threat, thus providing you the opportunity to slowly back away.  In the event you are bitten by a dog, you should wash the wound immediately with soap and water and then seek medical treatment.  In most cases, a physician will prescribe an antibiotic against infection and if cannot be certain that the dog has been vaccinated for Rabies, you are wise to receive a Rabies vaccine as well.  Additionally, you should report the bite to your local animal control agency or to the police.

Even in cases where physical injuries are not severe, a negligent pet owner may be liable for a victim’s psychological trauma resulting from a dog attack, as many people suffer significant anxiety after being bitten by a dog.  If you or a loved one were hurt by a dog or another pet, call an experienced attorney at Injury Lawyers of Ontario to discuss the facts of your case and find out about the strength of your claim.