What to Do To Preserve Your Legal Rights of Compensation If You Are Seriously Bitten or Attacked By Someone Else's Dog in Ontario
The following guidance by Usman Hannan(opens in new tab) and Jatinder Virdi,(opens in new tab) two specialist dog bite lawyers in Ontario: will ensure your civil right of damage compensation is preserved following a serious dog attack injury.
1) Pro-actively Do Everything Legally Possible to obtain the Attacking Dog Owner's Full Name and Home Address: This is an extremely important step to follow if you want to make a damage claim for a serious injury. Be assertive to get this crucial information. The best practice is to obtain a photo of the dog owner's driver's license, if possible.
If the dog owner is not co-operating or evading the scene in a serious dog bite incident, call 911 without delay and tell them that dog owner is evading the scene, and then follow their guidelines. Remember, if you do not have the dog owner's address and name, then it will be an uphill battle to make a monetary civil damage claim. Unfortunately, police and by-law officers typically do not release name and address of the dog owner without a complicated and lengthy appeal procedure with the Privacy Commission, and so you should not count on government officials simply handing you in the dog owner's name and address.
2) Visit Doctor or Hospital Emergency As Soon as Possible: Seek medical attention from a doctor asap. Do not hesitate to go to hospital emergency as this may prevent more critical and permanent injuries. For a serious dog attack injury or if unsure about the seriousness of the injury, go straight to the hospital emergency. Call 911 if the injury is serious.
Save all medical records, and follow doctor's advice closely. Your proper treatment also ensures your just compensation after a serious dog bite/attack accident.
Dog Bites can be infectious. Dog bites or attacks can also crack bones, cause backbone injury, head injury or other serious medical conditions. So seek medical help and do not take it lightly.
3) Report the Dog Bite Incident to the Local Animal Control: Search internet or just call us at 289-678-1637 and we will help you find your local animal control to report a dog bite injury. This starts an investigation and record preservation that may be handy later on for your damage claim. It also starts preventive measures and by-law enforcement that is conducive to the community's safety. We keep a directory of Local Animal Control/ By-law enforcement offices in Ontario that you can access by clicking HERE. (opens in new tab)
4) Start Preserving Evidence:
- Take ample pictures and videos of the injury, location and surroundings. Take note of any available video surveillance. Write down or take picture of anything you think relevant to the dog attack injury. Save all written and hard evidence like torn clothes, emergency and medical records etc.
- If there is any witnesses to the incident, keep their full names, phone numbers and if possible, email addresses.
5. Call Hannan Virdi Dog Bite Injury Lawyers without delay at 289 678 1637 for a free no-obligation lawyer's consultation if you think Your Injury is Serious Enough to Make a Monetary Damage Claim. Usman Hannan(opens in new tab) or Jatinder Vird(opens in new tab)i, two specialist Ontario dog bite /attack lawyers will directly address your call, answer all your questions and will assess your case. It is important you call us earlier than later so that we can start giving you specialist guidance. There are strict statutory deadlines for dog bite lawsuit filing in Ontario. Also, an early intervention from us can significantly increase your dog bite case value.
- Do NOT Let the Dog Owner Escape without Giving His/her Full Name and Address: The dog owner, if unknown or a stranger, may conveniently try to escape the scene. Sometimes they play the trick of just giving their first name only and their phone number, which may not be enough to trace them out at a later date. DO NOT LET THEM GO AWAY without providing you their full name, phone number and home address so that you can follow up at a later stage for a possible damage claim. And we literally mean that the dog owner must give their full legal name and address to you. Calling the authority or the police at a later time, though may be a good step to take, may not help much in finding the dog owner's identity if you do not get it at the scene in the first place. Police usually takes a bit lackadaisical view in a dog bite case unless the injury is truly egregious and the local Animal Control By-law officers are often constrained by limited resources. So often times, an escaped dog owner simply remains unidentified, and no civil claim can be made. And even if the authority finds the dog owner, because of out-of-reality privacy legislations, it can take a lot of pain, money, clearing of red-tapes and many months or even years to get the dog owner's name and address from the authority, unless you obtain this necessary information from the dog owner upfront.
- Do NOT Prematurely Settle Cheap: The dog owner may offer you medical expense or a measly sum of bucks and induce you to drop the case under various pretentions. DO NOT be bamboozled as such, for if your injury is serious, you would almost certainly end up getting only a fraction of what you are entitled to. If your injury is serious, getting a just and full compensation after a proper assessment by an expert dog bite personal injury lawyer is your civil right - please do not let anyone make you feel bad about seeking your civil right.
- Do NOT Talk with Dog Owner's Insurance Rep: Dog owner's insurer may start communicating with you, obtaining evidences, asking for statements etc. DO NOT TALK WITH THEM other than keeping the Insurance Company/Adjuster's Name and Contact Information to Pass it Own to Your Specialist Dog Bite Lawyer. They may appear friendly, but their incentive lies in denying liability or minimizing your damage recovery. Also, what you say to them may destroy or seriously undermine your rightful case before you know it. Remember, they are trained professionals who are typically well-advised by defense lawyers to protect the insurance company's interests.
- Do Not Go To Generalist Lawyers for Your Serious Dog Bite Injury Damage Claim. Specialization typically makes a difference in getting the best outcome in a critical dog attack injury damage claim.
How to Recognize a Specialist Dog Bite Lawyer: If you see other personal injury lawyers calling themselves 'dog bite lawyers' in their websites, just ask them if they practice other areas of law or not. Their answer to your question will reveal their legal practice spread.
Common Ontario Dog Bite Law Related Questions
The legislative source for Civil Damage Compensation following a dog bite or dog attack in Ontario is Dog Owner's Liability Act(opens in new tab) R.S.O. 1990, c. D.16
There is a large body of Ontario Court Decisions that is constantly evolving, which also serves as a key source for Dog Attack law in Ontario.
Also there are extensive Rules of Civil Procedure and multiple nuanced areas of law that intersect with dog bite matters in Ontario.
The analysis, interpretation and application of the statute and case law as they relate to dog bite law requires specialist training and experience, and this is where we specialize in.
In Ontario, there is a civil right to sue someone else in the court for damages if you are bitten or attacked by his/her/ their dog and consequently suffered some injury or damage. If you are thinking of suing someone for dog bite, our advise is to talk with an experienced dog bite law specialist asap, because there may be limitation periods curbing your right to sue after certain period of time.
There is no cap or limit for the amount that you can sue for a dog bite case in Ontario. So, if your injury or suffering post dog bite is serious enough, then you can sue for a million dollar or more if you think your case is worth it. Damages in dog attack injury matters vary widely in Ontario.
Dr. Ian Dunbar has a system to classify dog bites. Although the system is not infallible and there are variations, it is a popular way to check the severity of the the injury.
The bite scale levels are of six levels:
LEVEL 1—AGGRESSIVE BUT NO SKIN CONTACT
These cases are not good candidate to make a monetary damage claim for dog bite, but they can still form dog attack cases if the dog attack victim suffers some other injuries such as bicycle fall or slip and fall or diagnosed mental trauma from the dog's attack.
LEVEL 2—TEETH MAKE CONTACT, BUT DO NOT BREAK SKIN
This level of dog bite injury is also not good candidate to make a monetary damage claim for dog bite, but they can still give rise to substantial damage claim in dog attack cases if the dog attack victim suffers some other injuries such as bicycle fall or slip and fall from as they were escaping from the dog's attack.
LEVEL 3—A SINGLE BITE WITH SHALLOW WOUNDS
We regularly handle and settle such dog bite cases. Compensation level widely varies depending on the facts of the matter.
LEVEL 4—A SINGLE BITE WITH DEEP WOUNDS
We, as specialized Ontario dog bite lawyers regularly handle and settle such dog bite cases. Compensation/Settlement level widely varies depending on the facts of the matter.
LEVEL 5—MULTIPLE BITES WITH DEEP WOUNDS
We, as specialized Ontario dog bite lawyers regularly handle, settle or file law suit for such dog bite cases. Compensation/Settlement level widely varies depending on the facts of the matter.
LEVEL 6—DEATH OF THE VICTIM AND/OR FLESH CONSUMED
This is rare, but occasionally such unfortunate events take place in Canada.
Any questions related to Dog Bite Injury Lawyer Service in Ontario?
Call: 289-678-1637
Email Usman Hannan, Ontario Dog Bite Lawyer: usman.hannan@dogbiteinjurylawyer.ca
Visit Our Dog Bite Injury Lawyer Service Page(opens in new tab) for More Details on on our Dog Bite Injury Law Service.
We Go To All Ontario Courts and We Have Successfully Handled Serious Dog Bite and Dog Attack Cases from Every Corner of Ontario. All interviews and discussions can be conducted via phone, zoom or online video-call, aside the traditional in-person meeting option.
From anywhere in Ontario, Talk with our specialized dog bite attack injury lawyers directly for free and without any obligation.
