Articles Posted in dog bites

Goldfinger Injury Lawyers handles a lot of dog bite, and dog attack cases. Brian Goldfinger’s first case that drew media attention was a dog bite case whereby a woman along with her therapy dog were viciously attacked by three pit bulls in Toronto. The case drew media attention because of the severity of the injuries to the victim, the severity of the injuries to the therapy dog, which eventually died; along with the fact that the dogs which did the attacking were pit bulls, or pit bull mixed breeds.

Liability in dog attack cases is at times, cut and dry.

Did the dog attack someone? Yes or No?

If the answer is yes, then there is a reverse onus which attaches to the dog owner. Regardless of whether or not the dog owner knew of the attack, or knew of the dog’s propensity to attack, or to be aggressive, the dog owner will be on the hook for the actions of his/her dog. At law, we call this concept “strict liability”. If the dog was on a leash, yet still attacked, the Defendant will still be at fault for the actions/aggressive of his/her dog. If the dog was not on a leash, well, then the actions of the dog, and the negligence of the dog owner are plain as day. Certainly, the parties will want to know if the Plaintiff provoked the attack, and this will be a factor in assessing liability, or any form of contribution.

Continue reading →

When we think of a dog attack, we tend to think that a dog bit another person. But this is not always the case. There are viable dog attack cases when a dog does not actually bite another person.

The dog owner is vicariously liable for the actions of his or her dog. This includes all aggressive behaviour which includes bitting, but includes all other forms of behaviour as well.

The Dog Owner’s Liability Act set forth clear language which does not limit liability to bitting alone:

Proceedings against owner of dog

4 (1) A proceeding may be commenced in the Ontario Court of Justice against an owner of a dog if it is alleged that,

(b)  the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals; or

(c)  the owner did not exercise reasonable precautions to prevent the dog from,

(ii)  behaving in a manner that poses a menace to the safety of persons or domestic animals.  2005, c. 2, s. 1 (6).

There is no mention in the language above which makes reference to bitting. Rather, the behaviour is described as “behaved in a manner that poses a menace to the safety of persons” or such that “the owner did not exercise reasonable precautions to prevent the dog from behaving in a manner that poses a menace to the safety of persons or domestic animals“.  There is wide discretion for the Court to interpret this sort of behaviour which clearly will not be limited to bitting alone. It can be any other behaviour deemed to pose a menace to the safety of another person or domestic animal.

Continue reading →

Dogs can be cute, cuddly and well behaved.

But they can also have behavioural issues, or tendencies, which can make them dangerous.

Our personal injury lawyer have seen some pretty horrific injuries resulting from dog attacks. The injuries can be lifelong and quite devastating. The scars from a dog bite, to a place on the body like the face may require plastic surgery and may leave permanent scars which can’t be hidden. It’s not just the physical injuries we see. After a serious dog attack, the accident victim may get triggered whenever they see, or are in close quarters with a dog. Think about needing to go through life avoiding, or fearing dogs. If you think about it, that’s quite hard to do given the popularity of dogs as pets in Ontario.

If you or a loved one has been bitten or attacked by a dog in Ontario, here are some tips and tricks for building a sustainable lawsuit in order to get you the compensation which you deserve.

Continue reading →

Warmer weather means more people out and about. We see more people out for walks both with and without dogs.

Some dog owners are very responsible. They curb their dog, keep them on a leash and keep the under control. Some dog owners are not. But even the most responsible dog owner may run in to a situation whereby their dog losses control.

What happens when a dog attacks someone? How does one go about making a claim for damages.

It goes without saying that you cannot sue the dog itself. But you can sue the dog owner and claim damages against him/her.

It helps if the dog owner has asset or home owners or renter’s insurance.

A dead beat dog owner without any assets and without any form of insurance will result in an fruitless case. That’s not to say that a Plaintiff won’t “win” the case. In fact, there is a very strong likelihood on a dog bite or dog attack case that the Plaintiff will “win“; and a Court will order that the Defendant dog owner pay damages.

But the Judgment will be an empty one. A Plaintiff cannot recover blood from a stone in the event that the Defendant is without any assets, and without any insurance coverage. A Judgment-Debtor Examination may reveal that the Defendant Dog Owner owns no property, no vehicles, has no money in the bank, and is currently on ODSP or Ontario Works (both of which cannot be garnished).

Continue reading →

Goldfinger Injury Lawyers is an Ontario personal injury law firm with a track record of success getting people compensation from damages sustained as a result of dog bites.

Dog bite claims can be tricky, particularly when it comes to finding insurance to compensate the accident victim.

A few tips which come up time and time again from dog bite claims:

1.Get all of the contact information you can for the dog owner, or the person who was walking/handling the dog at the time of the attack. This is very important because unlike a car accident, the police aren’t likely going to come to the scene of the dog attack and make a formal report. While it does happen in some cases, this represents the minority of claims. When a car accident happens, more often than not the police attend at the scene of the accident and get all of the pertinent information of the parties involved in the accident. The same cannot be said in dog bite claims. It’s a bit of the wild west after the dog bite takes place. Some dog owners flee the scene of the dog bite or are totally unaware that their dog just attacked somebody. They leave the scene without a care in the world. If that person gets away and you don’t have their contact information, then how will you, your lawyer or a local Animal Control Office investigate the claim? Photos certainly help. Names, phone numbers and addresses; even the license plate number of their vehicle if they drove can work better.

Continue reading →

One of Brian Goldfinger’s very first personal injury cases which drew media attention was a dog bite case out of Toronto.

This tragic case was covered  by the Globe & Mail. The headline of the newspaper read “Man charged in fatal pitbull attack on dog“.

The dog attack took place a decade ago, and to their credit, the Globe & Mail article was updated on April 26, 2018 (responsible journalism); likely to include the following paragraph reflecting changes in the law surrounding pit bull ownership in Ontario:

“Pit bulls have been banned in Ontario since November, 2005. However, dogs that were in the province before the ban may be kept, provided the owner has them sterilized. They must be leashed and muzzled at all times when in public.”

Continue reading →