dog bites

Published on: August 14, 2024

Dog Attacks and Little Known Dog Ownership By-Laws

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.

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Published on: May 29, 2024

Dog Bite Cases begin and end with Insurance Coverage

By Goldfinger Injury Lawyers

You have been bitten by a dog.

The dog bite isn’t a small one. Rather, it’s quite a serious injury which will leave permanent and emotional scaring.

Your local Animal Control Unit is investigating the case, and has filed charges against the Dog Owner. But the charges, and the potential conviction will not pay for your past or future care costs, let alone compensate you for the pain and suffering which you have endured.

You retain a personal injury lawyer (hopefully one from Goldfinger Injury Lawyers) to help you get the compensation which you deserve.

If your case went to trial, you would win. It’s a pretty “open/shut” case whereby you were in the wrong place, at the wrong time. You did not provoke the dog. It was no muzzled, and the owner had lost control of the dog leading to the attack.

A Judge will have no problem finding liability against the dog owner, and that the dog caused your injuries. Needless to say, a Judge will rule in your favour and order that the Defendant pay you compensation for your injuries and future losses.

But this is not enough for a dog attack case.

Dog attack cases begin, and they end, on insurance coverage. The cold, hard, truth, is that in the overwhelming majority of dog attack cases, an innocent Plaintiff will only get paid the full value of what they are owned when there is insurance coverage for the dog attack. If there is no insurance coverage, then there is a strong likelihood that the Plaintiff will not recover what they are owned, or not make any recovery at all. When there is no insurance coverage, a Plaintiff cannot get blood from a stone.

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Published on: February 1, 2024

Dog Bites Cases in Ontario: Tricks & Tips

By Goldfinger Injury Lawyers

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.

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Published on: June 21, 2022

Dog Bites, Dog Attacks and Personal Injury Cases

By Goldfinger Injury Lawyers

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).

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Published on: September 10, 2021

Serious Accident? Insurance matters!

By Goldfinger Injury Lawyers

In tort law, one of the first and most important things lawyers are taught is to sue a Defendant with deep pockets and an ability to pay out a Judgment.

The only remedy in a personal injury case is money.

There is no ticker tape parade for the victor of a lawsuit. The Court cannot order the Defendant apologize, or be your servant for as long as it takes a Plaintiff to recover from his/her injuries. All which a Judge or Jury can do is order that the Defendant pay you compensation for your injuries and damages.

If a Defendant does not have the ability to pay the Judgment, it doesn’t mean that they go to jail. It also doesn’t mean that they can’t drive a car, work, or otherwise have their freedoms taken away. If a Defendant doesn’t pay, and doesn’t have the assets to pay a Judgment; then the Plaintiff is out of luck. The Judgment is without any real monetary value. While it may be satisfying or vindicating for a Plaintiff to have “won” the case; if the Defendant doesn’t have the ability to pay the Judgment the Plaintiff won’t get any compensation.

This is why it’s so important for a Plaintiff to sue a Defendant who has the ability to payout on a potential Judgment. This is why insurance matters.

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Published on: November 10, 2020

New Dog During the Pandemic = New Liability. Goldfinger on Dog Bite Claims

By Goldfinger Injury Lawyers

My first case reported in the media was a dog bite claim. It involved a woman who has been diagnosed with PTSD. She had an emotional support dog to help her cope. One day on a walk outside of her the common area of her apartment complex; two unleashed pit bulls attacked and killed her emotional support dog, and attacked my client as well leaving both physical and emotional scars. The story was covered by a number of news outlets because pit bull bans were a hot topic; and it was a very ferocious attack leaving serious and long lasting injuries. The case eventually settled out of Court for a substantial sum. Whenever the Toronto Injury Lawyer Blog covers the topic of dog bites, I’m reminded of this case which still has a place in my heart.

If you’ve walked around your block during the pandemic and seen an increase in the number of dogs; you’re not seeing things. There has been a spike in the purchase and adoptions of dogs during the pandemic. It makes sense. More people are at home with time to care for a dog. People have been cut off from friends and family and are looking for another form of love, support and connection. There’s no better time to get a dog then when on lock down I suppose.

But with dog ownership comes great responsibility. Take away the vet bills, cost of food, accessories, training etc. It’s estimated that many of these new puppy purchases and adoptions will lead to an increased number of dogs being surrendered and shelter numbers going up.

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Published on: July 20, 2020

Dog Bites

By Goldfinger Injury Lawyers

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.

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Published on: July 20, 2018

How to sue for a Dog Bite in Ontario?

By Goldfinger Injury Lawyers

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.”

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