Category: Dog Bites

In case someone was actually injured by a dog or another pet of a third party, said third party as well as the property owner, provided they are different people, might be held liable for the physical injuries as well as the psychological trauma of the injured. This is something that you want to take into account. (more…)

Now, personal injury law is without a doubt an interesting area. There are quite a lot of potential causes for a case but dog bites remain one of the most peculiar. You might be interested to understand that dog bites damages are actually covered by your home insurance policy. The Province of Ontario has clear legislative provisions which govern this specific situation and it’s worth taking a closer look into it. (more…)

Dog bite cases are particularly interesting, especially if they are held in the state of Ontario. The main reason for this is that there is a clear determination of the obligation, liability as well as the differentiation of damages associated with dog bites set forth in the separate and unique Dog Owner’s Liability Act. This piece of legislation was enacted back in 1990 on the 31st of December. It hasn’t been amended or replaced ever since. This is a clear sign for only one thing – it works. The legislative authorities have managed to successfully asses the social demands of regulations and have put all the necessary texts in one concise piece of legislation.

Now, this particular act governs quite a few things. It sets forth provision which shed a lot of light on matter such as:

·         Dog Owner’s Liability

·         Conditions under which liability can be sought after

·         Events which can trigger a potential case

·         Pitbull bans

·         Contributory Negligence

There are also some general articles in the Act which give concise explanation of certain terminology which are mandatory for all parties involved in a process of this kind. However, the most interesting thing associated with the act that also deserves tons of attention is the institute of contributory negligence.

Right off the bat, it’s important to point out that the Dog Owner’s Liability Act sets forth an incredibly wide spectrum of responsibility on behalf of the dog owner. He doesn’t have to be present at the time of the accident nor does he have to be aware of it. He is going to be held accountable either way. There are no exceptions to this rule, but one that is termed as contributory negligence. As the name suggests, this is an event where the victim of the attack is also liable because he has contributed in some way.

Interestingly enough, this is the only thing that may limit the responsibility of the owner. If a person, who’s been attacked and injured by a dog, has in some way irritated the dog and thus caused the attack, his compensation is going to be reduced accordingly. However, contributory negligence also suggests that if the victim has failed to take action in regard with the treatment of his injuries under premises which he’s responsible for, the dog owner can’t be held responsible for them. Any complication which can be pinned on the failure to take action on behalf of the victim won’t affect the accountability and liability of the dog owner, whose dog or any other pet animal caused the initial injury. The solution is fair because the alternative is a state of endless liability which can’t be tolerated by the law or by the social demand for regulation.

However, if you have been mauled or bitten by dog(s), it is imperative to seek legal recourse for the emotional trauma and the physical pain that you have endured.

The truth is that every single case involving a dog bite is particularly different. However, as it is with every single case, going to trial means taking a chance. Even if you are 100% sure that all the grounds you have are legit and enough to get you that win, there is always the possibility of the jury ruling against you. That’s why you might want to go for a settlement – this way you are guaranteed to get what you want, or at least partially.

There are two things that would need to happen in order for the parties to reach a settlement agreement – the parties are agreed upon the estimation of the compensation that the jury would have had awarded and the defendant or the dog owner feels like he can be  found liable. Let’s dig a bit deeper in both premises.

The Parties Need To Reach an Agreement on the Cost

This is something particularly important. When it comes to dog bites, under the Dog Owner’s Liability Act and the rather stringent responsibility and liability which is set forth in it, the defendant may have to pay quite a lot of damages. This is due to the fact that there are physical as well as damages for emotional distress and pain and suffering. Compensations can quickly go through the roof in case he hasn’t done anything to prevent the dog bite and a court might award a tremendously large amount of money.

Of course, there is always uncertainty. That is why the parties need to reach an agreement on what they believe the jury or the judge would have had awarded had they undergone a lawsuit. This isn’t an easy task but that’s why there are lawyers involved.

Can The Defendant Lose In Court?

This is another thing that’s going to affect the settlement. If the defendant feels like he won’t lose or that the amount that’s going to be awarded is way lower than the one which is agreeable with the settlement, he might want to take the case all the way and reach a ruling.

However, if he feels like there is a chance of losing, he will definitely settle. He wouldn’t risk having to pay court fees, the fees of the opposing lawyer and interest rates. That is one of the reasons that most of personal injury cases are settled out-of-court and seldom go on trials. However, ir is best to let an expert lawyer negotiate on your behalf as you might buckle down to pressure of the insurance company’s legal team.

As you can see, there are a few things that need to add up in order for the case to be settled. Generally speaking, not a lot of personal injury claims reach the court because the parties find it significantly more appropriate and profitable to go for a settlement. Of course, a proper amount needs to be duly negotiated.

There are quite a lot of different claims that could be filed within the area of personal injury law. The truth is that the Court of Ontario has definitely seen them all. From wrongful death cases to comic dog bite injuries and slip and falls, there is no shortage of interesting cases. With this in mind, we’ve taken the liberty to present you with the most commonly filed claims over the territory of Ontario.

Car accident benefit claims

The all time favorite. This is the claim that’s been filed more than any other claim in Ontario combined. In fact, if you get the number of other claims in the history of the Court of Ontario and you multiply that number by 10, you’d still not reach the amount of car accident benefit claims that have been filed.

This is quite logical. Car accidents are pretty regular and they usually leave to some sort of injuries. Regardless of how mild they might be, they are subjected to compensation and the “No Fault” rule under the Rules of Fault Determination set forth in the Insurance Act of 1990 has made it particularly easy for victims to seek compensation in situations of the kind.

Slip and fall accidents

This is another claim which is very popular in Ontario. The state is characterized with the harsh and long winters during which walking conditions get terrible, to say the least. Regardless of the efforts which the municipalities make to keep the walkways clean, it’s simply impossible during freezing temperatures and heavy snow falls. That’s when these accidents tend to occur.

Regardless of how harmless they may sound, slip and falls are known to cause some particularly serious injuries. They shouldn’t be underestimated one bit because traumatic brain injuries as well as spinal cord ones are definitely possible.

Dog bites

Dog bites are not particularly popular but they deserve a worthy mention. It’s worth noting that the Dog Owner’s Liability Act which is a legal provision set forth back in 1990 has never been changed or amended since. This means that the legislative authorities have managed to properly foresee the future development of social relations and to regulate them brilliantly. With this in mind, dog bite claims are not hard to push through a case provided there is sufficient evidence. You will need a lawyer to put forth your claim that adheres to the specific requisites of the court. This will reduce the chances that it is denied.

As you can see, these are just some of the claims which are popular. We also have motorcycle accidents, medical malpractice, wrongful death and product liability claims – all of which are rather common. However, each claim has its own specifications and it’s important that it’s regarded individually. The presence of a personal injury lawyer in all cases is practically mandatory if you wish to ensure success. However, it is important that the lawyer you intend hiring has had considerable success in similar cases.