Dog bites are quite common in the country of Canada and reports show that over 500,000 people each year are attacked and bitten by dog. An injury of this kind may lead to some incredibly serious complications and as such the law handles the matter with great caution. The law which governs dog bites and the liability of their owners in the Province of Ontario and which is fully enforceable in the town of Burlington is called the Dog Owners’ Liability Act. The law was accepted and put into practice back on the 6th of December in 2000 but the most current amendment was made on the 1st of January in 2007.
It is important to note that the Dog Owners’ Liability Act clearly stipulates and clarifies the term owner. This is every person who is in possession or is harboring a dog. At the same time if the person is a minor, the one who is going to be liable under the regulation of this act is going to be the one who is responsible for the custody of the minor.
The liability set forth in the act which is in practice in the city of Burlington is civil liability. This means that it should be clearly differentiated from the criminal liability under other judicial acts. Civil liability, which is basically what personal injury law is all about, implies a civil breach of legal provisions, one that does not fall within the definition of a crime. The main intention behind civil liability is for the perpetrator to be forced to repair the damages or the pay the respective amount of money as compensation.
The Dog Owners’ Liability Act clearly states that every dog owner is liable for any kinds of damages which may have resulted from a bite or a simple attack by his dog on any other person or even on other domestic animals. Now, as you can see there are two possible grounds for filing a personal injury compensatory claim on these grounds in Burlington. The first one would be based on a bite of the dog which would most likely lead to both physical and emotional damages. The second merit mentions an attack, which may not have finished with a bite. However, the law aims to cover all possible damages and the sheer stress that a person could endure after being attacked by a dog, despite the fact that he doesn’t have any physical damages, is enough.
Article 2, paragraph 2 of the Civil Liability section also states that if there is more than one owner, they are going to be severally and jointly liable. This solution is also fair because liability for a dog bite can occur even if the dog owner wasn’t present at the attack. If you have encountered a similar accident, it is time to talk with an experienced legal authority.
We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!