Toronto Dog Bite Lawyers

Dogs can be lifelong companions that add value to any individual or family’s life. According to a report from 2023, Toronto is home to over 300,000 dogs alone. However, when owners fail to properly train or handle their pets, serious accidents can occur. Dog bites and attacks may result in physical injuries, psychological harm, hefty medical costs, and more.

In Ontario, strong laws exist to protect victims of dog attacks, including the Dog Owners’ Liability Act. As a result, if a dog injures you, you may be eligible to pursue compensation for the losses you have suffered from the owner or handler. It is important to note that you do not have to be bitten by a dog to pursue a claim. Dog injuries may also be caused by dogs chasing you, running into you, tripping you, or otherwise causing harm to you that is not necessarily a puncture wound.

At Goodman Elbassiouni LLP, our Toronto dog bite lawyers have a wide range of experience handling dog attack cases for clients in the city and throughout Ontario. To find out if you have a viable legal claim, contact us today. You can call 905-365-1005 or fill out our online contact form to learn more about your rights.

What is the Dog Owners’ Liability Act and How Does it Work?

The Dog Owners’ Liability Act (DOLA) is a statutory basis for dog bite liability in Ontario. It holds owners liable for injuries their dogs cause, regardless of negligence. Determining liability does not depend on prior knowledge of a dog’s aggressive tendencies. DOLA is also often applied in tandem with the Occupiers’ Liability Act when bites happen on a dog owner’s property.

Under the statute, an owner includes any person in care or control or who harbours a dog. As a result, any person walking a dog, dog-sitting, or otherwise looking after a dog may be held liable, not just the official owner.

In dog bite cases in Toronto, joint and several liability may apply to dog bite claims if multiple owners exist or are found to be responsible. In addition, it is possible for a bite victim to be found partially at fault for their injuries and have their damages reduced proportionately. This is called contributory negligence.

Under DOLA, court orders can also be issued. These may include:

• Control Orders: A form of dangerous dog order in Toronto, a control order may prohibit a dog from using the City’s off-leash areas, require that the owner post a warning sign on their premises, require that the dog be microchipped, and mandate that the dog receive socialization or obedience training. It may also prohibit an owner from owning other dogs in the future.
• Muzzle or Leash Orders: These orders may require that a dog be muzzled at all times except when they are on the owner’s premises. It will also prevent the dog from using off-leash areas or from being off-leash in any public space.
• Destruction of Dog Orders: In severe cases of unprovoked attacks or fatal injuries, the court may order the destruction of the dog. It should be noted that destruction orders are rare and are not the only possible outcome.

In Ontario, pit bulls are specifically classed as a restricted breed provision. This means that individuals in Ontario must follow additional rules if they own a pitbull. In cases of pit bull attacks, destruction orders may be more likely, and the burden of proof that the dog is not a pit bull will lie on the owner.

Toronto Laws That Affect Dog Bite Claims

Although dog bites are serious and may warrant a personal injury claim anywhere in Ontario, certain unique factors may affect dog bite claims in Toronto. In the City, there are a variety of animal control bylaws that dictate how dog owners may handle their pets. Toronto Animal Services, 311 reporting, and dangerous dog orders set out rules and regulations for animal behaviour in public. They also allow victims of dog attacks to report pets that may pose a threat to the public.

High-dog-traffic areas like High Park, Trinity Bellwoods, the Beaches, or Riverdale Park see hundreds of dogs and other pets pass through each day. Although in most places dogs are meant to be leashed, and dogs deemed ‘dangerous’ should be muzzled, owners often fail to follow such rules. When bites or attacks happen as a result, the City of Toronto and Toronto Animal Services will get involved to determine the severity level of the act.

By obtaining police and City reports about the situation, you may be able to launch a legal claim against the owner of the dog who bit or injured you. Assessments performed by Toronto Public Health can help you prove the medical consequences of the attack, and interviews conducted by animal services will provide a full picture of the situation.

Steps to Take Immediately After a Dog Attack in Toronto

If you are bitten by a dog in Toronto, there are several steps you can take not only to protect your health, but also to strengthen your future dog bite claim:

• Seek Medical Care: Regardless of the severity of your injuries, it is important to see a doctor as soon as possible. You may require specialized treatment or immunizations, as there may be a risk of infection or rabies. Seeing a medical professional will also allow you to obtain an official report documenting your injuries, which may serve as crucial evidence in your dog injury claim.
• Report to Authorities: Multiple authorities exist in Toronto that you may report the dog bite or attack to. Having a report on record can help strengthen your claim. You may contact Toronto Animal Services by calling 311 or filing a report online, and also call Toronto Public Health.
• Document the Incident: If you are physically able, you should document the accident scene as thoroughly as possible. Take photographs of your injuries, the dog, the location, and your surroundings. Also note the date, time, location, and the contact information of any witnesses. If possible, also record the dog owner’s name and address. Once you have sought treatment for your injuries, make sure to save all medical records, bills, receipts, and official diagnoses you receive.
• Preserve Evidence: If you’re able to, preserve evidence such as the clothes you were wearing at the time of the attack or any other affected property. For example, if your shirt has holes or stains in it, or you were riding your bicycle and it was damaged during an attack, this can be helpful evidence.
• Don’t Admit Fault: After an accident, you may feel obligated to apologize or speak with the owner about the situation. We recommend that you refrain from admitting fault or making any statements to the dog owner before you speak with a lawyer.

At any stage during the aftermath of your dog attack, we recommend that you contact our experienced Toronto dog bite lawyers as soon as possible. We can help you preserve your rights and identify what compensation you may be owed under DOLA. Contact us today to discuss your situation.

How to Establish Liability in a Toronto Dog Bite Claim

When filing a dog bite or dog attack claim in Ontario, you must establish liability on the part of the dog owner or handler. Although strict liability applies under DOLA and the owner does not need prior knowledge of the dog’s aggression to be held liable, you (the plaintiff) must still prove that:

1. The dog that bit or attacked you was behaving in a menacing way (or posed a risk).
2. The person from whom you are pursuing compensation (the defendant) was the owner/in care/in control of the dog at the time of the incident.
3. The incident caused injuries or damage.

To defend against a dog bite claim, a defendant may try to argue that you were trespassing or committing some other crime when you were attacked. They may also try to demonstrate that you were partially at fault for the incident, due to provocation or some other action. A finding of contributory negligence may result in your damages being reduced proportionately to your percent of fault. In rare cases, an owner may also be able to argue that their dog’s behaviour was unforeseeable.

To build a strong claim on your behalf, our Toronto dog bite lawyers at Goodman Elbassiouni LLP will gather expert evidence, such as from veterinarians, medical professionals, or dog behaviour reports. This, along with past complaints or municipal records of past incidents, can help establish liability.

Types of Damages You Can Recover in a Dog Bite Case

When you file a personal injury claim for a dog bite or attack, you will be pursuing compensation for damages you have sustained as a result of your incident. Depending on the type and severity of your losses, you may be eligible to recover:

• Special Damages: These are quantifiable damages that can be calculated to an exact dollar amount. They include both immediate and ongoing medical expenses, hospital costs, diagnostic and rehabilitation costs, prescription expenses, and costs associated with therapy and prosthetics. In addition, they may also cover lost wages and future loss of earning capacity if your injuries prevent you from working, and the cost of domestic help should you need it.
• General Damages: These are non-quantifiable, intangible losses that you have suffered as a result of your incident. They often include compensation for pain and suffering, loss of enjoyment of life, or the effect of disfigurement, scarring, or permanent disabilities on your quality of life. They also account for psychological harm, such as anxiety, PTSD, or phobias that develop in response to the dog attack. Your lawyer will work with professionals to quantify general damages and seek fair compensation on your behalf.
• Punitive Damages: In exceptional cases, punitive damages may be awarded in a personal injury lawsuit. Punitive damages are meant to compensate victims for particularly egregious, grossly negligent, or severely harmful behaviour.

In addition to seeking monetary compensation through a dog bite claim, you may also pursue other remedies. These may include court orders issued under DOLA, compensation for any property damage that occurred, and coverage for your legal costs.

Why Choose Goodman Elbassiouni LLP for Your Toronto Dog Bite Case?

There are many pitfalls that dog bite victims may run into when attempting to pursue compensation. Under Ontario’s Limitations Act, you generally only have 2 years from the date of injury to file a claim. Waiting too long or missing this deadline may result in you forfeiting your right to damages. In addition, failing to report to municipal authorities on time, failing to preserve evidence, or accepting early settlements from the defendant may bar you from receiving the compensation you truly deserve.

At Goodman Elbassiouni LLP, we put our deep knowledge of statutes and regulations in Toronto and the GTA to work for our clients. We have years of combined experience handling personal injury and dog bite cases on behalf of injured victims. We offer client-centred service that emphasizes compassion, responsiveness, and transparency, so you can feel confident in your legal claim while you focus on your recovery.

We can assist child victims, vulnerable adults, and cases that involve severe disfigurement to help pursue the maximum amount of compensation possible. In addition, we can help clients coordinate medical, rehabilitation, and psychological support.

Contact Our Toronto Dog Bite Lawyers Today

At Goodman Elbassiouni LLP, our Toronto dog bite lawyers will:

• Investigate your incident thoroughly
• Gather compelling evidence
• Acquire expert reports and examinations for discovery
• Negotiate with the defendant’s legal or insurance representatives
• Pursue mediation or alternative dispute resolution, when available
• Take your case to court, if necessary
• And more

Don’t wait too long or underestimate the cost of your injuries. If you or a loved one has been bitten or attacked by a dog in Toronto, you have legal rights. Our team will ensure you are protected under DOLA and local municipal regimes, helping you pursue the full amount of compensation that you’re entitled to.

To discuss your situation, call our Toronto office at 905-265-1005 or contact us online. We serve clients across Ontario.