There are quite a lot of dog bite cases which take place regularly throughout the province of Ontario and this is becoming a very challenging field to handle. The reasons are quite simple. Dog bite cases are very complex as they include a range of different legal positions, each one of which is quite challenging.
Right off the bat, we have a sub-form of third-party negligence because the one who sustains the consequences of repairing the damages is different from the one who caused them. This is quite natural in this case but still, it could pose difficulties, especially in the case where the dog owner hasn’t been present during the attack and the damages.
This is something quite serious because the victim has the freedom to make claims which are virtually unsupervised. This is especially true if there are not witnesses. The Dog Owner Liability Act doesn’t impose any instructions towards this regard but it strictly stipulates that the owner is liable regardless of whether or not he has actually been present on the attack or not. This is definitely something that you ought to account for – it’s the so called strict liability.
However, the issue becomes even more complex when you consider that there is also the institute of contributory negligence which is virtually absolutely worthless in situations of the kind as there is absolutely no way of determining if there is any type of fault on behalf of the victim as well.
If that’s not challenging enough, the damages which are usually being pursued in court are also fairly serious. The reason for this is because the dog attack itself is a very stressful event – one which is capable of leaving a tremendous amount of psychological trauma on the victim. With this in mind, it is absolutely important to make sure that everything is handled properly.
The presence of a lawyer in this situation is obvious and absolutely unavoidable. Even if you decide to pursue the owner under his insurance, you would still need the expertise of an experienced injury lawyer in order to handle the case with the insurance company.
All in all, there are quite a lot of things that need to be taken into very serious consideration when it comes to handling a dog bite case. This is a very specific field and it is one which becomes more and more popular throughout the entire country of Canada. There is quite a lot of ambiguity in the current legislation so the outcome, especially in hypothesis like the above, is quite versatile and unpredictable. These are the kinds of things that you would need to be perfectly aware of.