Interesting Provisions Of Contributory Negligence In Dog Bite Cases

While it may seem like something pretty far-fetched, dog bite cases are quite common on the territory of the province of Ontario. Over 200,000 dog attacks are reported in Ontario and other cities last year which is an incredibly high number and makes the matter one that has to be taken into thorough consideration. This is why the legislative entity has decided that it’s an obviously important issue and the matter needs to be legally regulated. This was done back in 1990 on the 31st of December when the Dog Owner’s Liability Act was put forward and dully enacted. Interestingly enough, this particular piece of legislation hasn’t been altered or amended ever since which speaks of its stability and ability to properly convey the letter of the law across the entire society.

Dog Owner’s Liability Act

However, the liability which is set forth in the Dog Owner’s Liability Act is incredibly strict and stringent and it’s dully carried out by the owner of the animal that caused the damages. Furthermore, it’s worth noting that it also foresees liability if your dog attacks another dog and not per say, a person. This is even more interesting to note. However, it’s worth pointing out that the boundaries of the liability are pretty wide as the law doesn’t require the owner of the dog to have been present at the time of the attack in order to be liable for the damages that have incurred as a result of the latter. This means that you might not even be there when the accident has happened and you would still be liable for the damages. There is an institute which is set forth in the provisions of the Civil law of Canada which describes a similar situation – the liability for actions of third parties for whom you are responsible of. However, in this particular situation the third party is a dog.

Understanding limitations

In any case, there is one limitation which allows some room for breathing on behalf of the dog owner. The Act sets forth and defines the institute of the so called contributory negligence which is going to exclude or limit the liability of the dog owner to a certain extent if there are previously determined circumstances. This is when the victim has contributed for the attack. The judge is going to determine the extent of his contribution and is going to take this into consideration when stipulating the liability of the dog owner. This particular institute could go so far to exclude the liability of the owner in the event in which the victim is solely responsible for the attack and he is the cause of it in the first place.

That is why hiring a personal injury lawyer is needed as they have dealt with many such cases where injuries surmounted and medical bills need to be compensated. Working with a successful lawyer is important, because they understand all aspects of animal attacks and dog bites.