Ever since the Ontario enacted the Dog Owners’ Liability Act (DOLA), wherein dog bites have become a liability to the owner, we are regularly asked the same question—how to file a personal injury in Ontario claim when bitten by a dog. Well your first step—to call us, your personal injury lawyers in Whitby, Oshawa & Toronto.
After being bitten by a dog, in order to activate your claim of personal injury in Ontario, you’ll need to immediately get the name of the owner of the dog and of course, seek medical attention. Once you are cleared by a doctor you will need to file a report with your local animal control department or police department. If you suspect that the dog may be rabid you will want to consult with your local department of health to address the matter.
Be sure to take detailed photos of your injury/injuries and write down all the details you remember of the day and the event.
As a dog-bite claimant, you need to know your responsibilities. First off—you’re not responsible for proving that the dog owner is negligent; since DOLA dog owners need not be negligent to be legally liable for their dog biting a person. There are two things though that you are responsible for:
1) To prove that you were bitten and/or attacked by the dog,
2) And that the dog in question is indeed owned by the defendant of the claim.
How Will it be Determined What Damages are Awarded from your Personal Injury in Ontario?
When the claimants and defendants settle their dog bite claims, whether it be in court, out of court or with insurance companies, damages will need to be assessed. When assessing damages the following factors are considered: the severity of your injuries and how these injuries are and will impact your daily life (including time off work). Be aware however that under DOLA awarded damages may be reduced if it is found that you contributed to the attack by provoking the animal.
How Do I Move Forward With a Personal Injury in Ontario Claim?
You call us, we’re the top personal injury lawyers in Toronto, Whitby, Newmarket and surrounding areas. As such, we know how to both launch a successful claim and defend against a claim. We can help—make us your personal injury lawyers in Whitby, Oshawa & Toronto and we’ll help you.
