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Dog Bites and Attacks
In Ontario, dog attacks are a serious matter, governed by strict laws to ensure the safety and rights of individuals. At Haider Khan Legal, we specialize in guiding victims of dog bites through the legal maze to secure the compensation they deserve. This section outlines the critical aspects of dog bite liability in Ontario, offering insights into who is liable, exceptions to the rule, and the proof required to make a case.
Who is Liable?
The Dog Owners' Liability Act (DOLA), R.S.O. 1990, c. D.16, is the cornerstone of legal proceedings related to dog bites and attacks in Ontario. DOLA establishes a strict liability regime, meaning the dog owner is held responsible for any injuries resulting from their dog's actions, irrespective of the owner's negligence or the dog's previous behavior. This statute ensures that victims can claim damages without the burden of proving the owner's fault.
Is There an Exception to This Rule?
A notable exception exists within DOLA. According to Section 3(2), if an individual is bitten or attacked while committing, or attempting to commit, a criminal act, the dog owner is absolved of liability. This clause underscores the law's intent to balance protection with fairness, excluding those engaged in unlawful activities from claiming damages.
What if There is More than One Owner?
In cases where a dog has multiple owners, DOLA specifies that all owners are equally liable for damages resulting from a dog attack. Victims have the discretion to pursue claims against one or all of the owners to recover full damages.
Contributory Behaviour
DOLA also acknowledges instances where the victim's actions may have contributed to the incident. While the presumption of liability rests with the dog owner, they have the opportunity to demonstrate the victim's contributory behavior. Despite this, it remains the owner's responsibility to mitigate damages, not to absolve themselves of liability entirely.
Proof Required to Make a Case
Victims of dog attacks must substantiate their claims by demonstrating the extent of their injuries and quantifying their monetary losses. This evidence may include medical expenses, lost wages due to recovery time, and the severity of the injuries suffered. It is crucial for victims to present a comprehensive claim to ensure adequate compensation.
Consult a Personal Injury Legal Representative
If you have been the victim of a dog attack, securing experienced legal representation is your first step toward justice. Haider Khan Legal is committed to providing compassionate and comprehensive legal advice to navigate the complexities of dog bite claims. Our expertise ensures that victims receive the support and compensation they deserve.
For more information or to schedule a consultation, please contact us. Let us help you on your path to recovery and justice.
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