There are quite a lot of interesting aspects of the law, especially when it comes to animal attacks and the liability pursuant to them. Right off the bat, you need to take into account the fact that the law which regulates dog bites in the province of Ontario is called the Dog Owner’s Liability Act. There are certain things that need to be taken into account, however, when it comes to provocation. This is the act in which the victim has actually triggered the aggressive behavior in the dog. Let’s examine this more carefully.
What is provocation?
A dog bite case is definitely not as easy as you might think it is. A provocation, contrary to what the majority of people tend to believe, doesn’t just encompass poking or teasing or being particularly mean to the dog. Provocation also includes some other human acts like when you accidentally step on the tail of the animal. This is why provocation is usually the defendant’s most substantial argument.
Plaintiff Needs To Prove It Didn’t Happen
The law works in a specific way. In order to prevent abuse of the letter of the law, there is a fundamental legal principle which states that the defendant is always innocent unless he’s duly and effectively found guilty with an effective sentence. While this is designated for criminal cases, a variation of the rule applies to civil lawsuits as well. Thus, if your right is being breached by a third party, it’s not enough to state it – you need to prove it. You need to determine that you legally posses the right and that it’s being breached by the party that you state.
Same goes for dog bites. If you are bitten by a dog and the defendant claims provocation, the burden of proof falls upon your shoulders. You need to determine that you’ve been bitten by this dog in particular, that you’ve sustained the exact injuries that you claim and that there are no circumstances which would exempt the liability of the defendant. It is essential to prove that you are not at fault.
This is something that you should be aware of. Unfortunately, your right to claim damages might be dramatically reduced or even exempted if you are the primary cause of the accident. This is something that you should take into account and discuss with your personal injury lawyer in advance. It is not as easy to claim damages deriving from an animal attack as the burden of proof is most certainly significant. With all this in mind, the reliability delivered by a professional lawyer is certainly invaluable. This is something that you should most definitely take into consideration in advance. It is best to seek the assistance of an injury lawyer to ensure that your rights are protected and represented properly in the court of law.