Someone that has been bitten by an uncontrolled canine within the borders of Ontario could well feel uncertain about how to proceed with any legal action. Fortunately, that same victim should find it possible to assume control of the situation.
Ontario’s legislators have passed a Dog Owner’s Liability Act.
That Act makes a dog owner liable for any damages caused by his or her pet canine. No owner can use as a defense the fact that the dog had previously demonstrated a mild temperament, or had no history of former biting incidents. The same Act provided the public with a clear definition for the word “owner.” It stated that the owners were those that had either possessed or harbored the dog, at the time when the biting incident occurred.
That Act also indicated that the consequences of the dog’s actions were not the only thing that affected the size of the damages for which the dog’s possessor could be held liable. The personal injury lawyer in Kingston knows that the size of the damages could be reduced, if the bitten possessor had provoked the aggressive canine.
Actions to be taken by an adult that gets bitten by a dog:
• Seek immediate medical attention. Go to a hospital or clinic.
• Report the attack to the police. If possible, jot down a description of the owner’s pet, so that the same description can be given to the police.
• Get the names and contact information for any witnesses; if possible get the name and contact information for the dog’s owner/possessor.
• Take pictures; be sure to record the time, place and date, so that the same information can be placed on the back of any printed picture.
A problem faced by some victims
Some victims need to remain in bed for several days, and cannot go to work. In that case, each such victim would deserve to be compensated for a loss of wages. That assumes that the victim’s source of income was the paycheck that came from the employer.
Still, not all victims fall into that category. Some could be self-employed. In that case, it becomes the victim’s responsibility to produce proof of the fact that he or she could have been earning money, during the days spent recovering from the biting incident.
That proof could take the form of a series of entries in an accountant’s book. That could show the frequency with which money had been coming-in, before the business’ owner became the target of a canine’s teeth. Tax forms from past years could help, if the business had been in operation for several years. If that entrepreneur operated a website, then that same site might contain testimonials. Testimonies from pleased customers would help support claims of past profits.