A dog bite claim in Ontario often depends on identifying the dog and its owner, preserving medical evidence and documenting what happened. Seek medical attention, record the incident and identify witnesses promptly. This guide explains owner-related issues and practical evidence steps.
Key takeaways: Photograph injuries, obtain medical records, identify the owner and dog, preserve witness details and keep communications with insurers or authorities.
Ontario’s Dog Owners’ Liability Act
The Dog Owners’ Liability Act (DOLA) governs claims for injuries caused by dogs in Ontario. Under section 2 of the Act, the owner of a dog is generally liable for damages resulting from a bite or attack on another person or domestic animal. This is commonly described as strict liability: the injured person generally does not need to prove that the owner was careless or knew the dog was dangerous.
Liability can be shared, however. The Act allows a court to consider the extent to which the injured person’s own fault or negligence caused or contributed to the damages, for example where a person provoked the dog. There may be more than one “owner” for the purposes of the Act, which can include a person who possesses or harbours the dog.
Why identifying the owner is so important
After a car accident, the Highway Traffic Act requires drivers to remain at the scene and, on request, exchange information such as their name, address and insurance details. There is no equivalent requirement in DOLA. A dog owner is generally not legally obliged to stay at the scene or identify themselves after an attack.
This creates a serious practical problem. If the owner walks away and cannot be found, there is generally no one to sue. Unlike car accidents, where your own auto insurer may respond if the other driver is unidentified, there is no general insurance fallback for an attack by an unknown dog.
What to do immediately after a dog bite
1. Get to safety and get medical help
Move away from the dog and seek medical attention. Dog bites carry a risk of infection, and some may require assessment for rabies exposure. Tell the medical team that you were bitten by a dog.
2. Identify the owner and the dog
If it is safe to do so, or if someone can help you:
• ask for the owner’s name, address and phone number;
• take a photo of the owner and of the dog;
• if the owner leaves by car, photograph the vehicle and licence plate;
• note where the owner lives or which direction they went;
• ask witnesses for their names and contact information.
Do not assume video will solve the problem. Security or doorbell footage may not exist, may be poor quality, may not show faces or plates, and may be overwritten. Police may not investigate dog bites in the same way they investigate other incidents.
3. Report the attack
Report the bite to your local animal control services and public health unit. These reports may help identify the dog and owner and create an official record. If the attack involved a threat to safety, consider contacting police.
4. Document your injuries
Photograph your injuries as they heal, keep medical records and receipts, and keep a record of time off work or school and the effects on your daily life. Scarring and psychological effects can be significant parts of a claim.
Insurance that may respond
Many dog owners have homeowner’s or tenant’s insurance that includes personal liability coverage. Depending on the policy, that coverage may respond to a dog bite claim. Coverage depends on the policy wording, exclusions and limits, and whether the owner had a policy at all. Identifying the owner is usually the first step to finding out whether insurance is available.
Dog bites and car accident benefits
Dog bites are not generally covered by auto accident benefits because they do not arise from the use or operation of a motor vehicle. Some unusual situations, such as an attack connected with a vehicle, may raise questions that should be reviewed individually.
Children and dog bites
Children are often the victims of dog bites, and their injuries can be particularly serious because of their size. Scarring may change as a child grows, and some children develop lasting fear or anxiety around dogs. A claim on behalf of a child is usually brought by a parent or guardian as litigation guardian, and any settlement generally requires court approval. Medical follow-up, including any assessment of scarring or psychological effects, can help show the full impact of the injury.
Bites from a friend’s or family member’s dog
Many dog bites involve a dog belonging to a friend, neighbour or relative. People are often reluctant to make a claim in these situations. It can help to know that, where the owner has homeowner’s or tenant’s insurance, a claim is typically handled by the insurer rather than paid personally by the owner, depending on the policy.
Conclusion
A dog bite claim in Ontario should begin with medical care, evidence and owner identification. Contact Booni Law at admin@boonilaw.com or +1 (226) 271-1751 to discuss the facts. No outcome is promised.
Frequently Asked Questions
Is a dog owner automatically responsible for a bite in Ontario?
Under the Dog Owners’ Liability Act, owners are generally liable for damages from a bite or attack, but the injured person’s own conduct can reduce the award.
What if I cannot find the dog’s owner?
Without an identified owner, a claim may not be possible. Report the attack to animal control and public health, and gather any witness information or photos.
Will the dog owner’s insurance pay?
Possibly. Homeowner’s or tenant’s liability coverage may respond, depending on the policy.
Do I need to report a dog bite?
Reporting to animal control and public health is strongly recommended and may be required by local rules. It also creates an official record.
Bitten by a dog in Ontario?
If you or your child was injured in a dog attack, Booni Law can explain how the Dog Owners’ Liability Act may apply and what steps may help identify the owner and any insurance. Email Booni Law at admin@boonilaw.com or call +1 (226) 271-1751. Each claim depends on its facts, and no particular result can be promised.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create a solicitor-client relationship between you and Booni Law. The information in this article may not reflect the most current legal developments and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you require legal advice, please contact Booni Law.
