Your daughter was playing in a neighbour’s backyard when their dog, which had never shown aggression before, bit her face. There were stitches, there will be a scar, and she is now frightened of every dog she sees. The neighbour is apologetic and insists the dog “has never done this.” In Ontario, that last point does not matter. This post explains why, and what a claim under the Dog Owners’ Liability Act involves.
Strict liability: the owner is responsible whether or not they were careless
Most personal injury claims require the injured person to prove negligence: that someone failed to take reasonable care. Dog attack claims in Ontario are different. The Dog Owners’ Liability Act makes the owner of a dog liable for damages resulting from a bite or attack on a person or on a domestic animal, full stop. There is no need to show that the owner knew the dog was dangerous, that the dog had bitten before, or that the owner did anything wrong on the day.
This is what lawyers call strict liability. The rationale is simple: the person who chooses to keep the animal bears the risk it creates. It also means the familiar defence that the dog had always been gentle is not a defence at all.
Who counts as an owner
The Act defines “owner” broadly. It includes the person who owns the dog in the ordinary sense, but also anyone who possesses or harbours it. A family member looking after the dog for a week, a dog walker, or a roommate who allows the dog to live in the home may all be owners for the purpose of the Act. Where there is more than one owner, they are jointly and severally liable, meaning the injured person can recover the full amount from any of them.
One consequence worth knowing: the Occupiers’ Liability Act, which governs most injuries on someone else’s property, does not apply to dog attacks. The claim runs under the Dog Owners’ Liability Act against the owner, not against the occupier of the premises where the attack happened.
What “bite or attack” covers
The Act is not limited to bites. A dog that knocks a person down, chases a cyclist into traffic, or lunges and causes someone to fall while retreating can give rise to liability if the conduct amounts to an attack. Injuries to other domestic animals are also covered, which is why the Act is regularly used in claims arising from attacks on other dogs.
Contributory negligence
Strict liability is not absolute liability. The Act allows a court to reduce the damages where the injured person’s own fault contributed to the injury, for example by provoking the dog or ignoring clear warnings. In practice this argument is raised in most contested claims. It rarely defeats a claim, but it can reduce the recovery, and the evidence about what happened in the seconds before the attack becomes important for that reason.
What compensation covers
Damages in a dog attack claim follow ordinary personal injury principles. They can include compensation for pain and suffering, for scarring and disfigurement, for psychological injury such as post-traumatic stress or a lasting fear of animals, for medical and counselling costs, for lost income, and for the cost of future treatment including revision surgery for scars. Family members may have claims of their own under the Family Law Act.
Children are the most common victims of serious bites, and their injuries are often to the face. Facial scarring on a child is treated seriously by the courts, and the assessment usually has to wait until it is clear how the scar will mature.
Where the money comes from
Most dog attack claims are paid by the owner’s home or tenant’s insurance policy, which typically includes personal liability coverage. The owner’s insurer, not the owner personally, defends the claim. Where the owner has no insurance, recovery depends on their personal means, which is one reason early investigation of the owner’s circumstances matters.
The other side of the Act
The Dog Owners’ Liability Act also has a public safety function. It allows a court to order that a dog be muzzled, confined, or in serious cases destroyed, and it prohibits certain breeds in Ontario. Those proceedings are separate from a civil claim for damages and are usually initiated by the municipality or animal services after a report.
Protecting the claim
If you or a family member have been attacked:
- get medical treatment immediately and make sure the record describes the mechanism of injury;
- photograph the injuries on the day and at intervals as they heal;
- identify the dog and its owner, and note anyone else who was handling or housing it;
- report the attack to your local animal services, which creates an independent record; and
- keep receipts for every expense, including counselling.
The limitation period for a claim is generally two years from the date of the attack. Our dog attack injuries page describes the kinds of cases we handle.
Speak to us early
If you or your child have been injured by a dog anywhere in Ontario, book a consultation with Kabir & Alam Lawyers. We can identify the responsible parties, deal with their insurer, and make sure the long-term effects of the injury are properly accounted for.