Dog Bite/Attack Cases Unique To Canada And What You Can Expect
Canada, like any other country, has some very unique things about it. For example, dogs on leashes outside of businesses in Canada are typically not pets and should not be petted. While this is assumed by most Canadians, tourists (especially those from the U.S.) are not aware of this fact and will attempt to pet these dogs. The result, not surprisingly, is a dog bite or attack. If you are visiting Canada and are not familiar with how dogs are used or kept, and you are the unwitting victim of a dog bite, here is how you can get help and what you can expect from a personal injury case filed on your dog bite or dog attack.
Liability: Yours or the Dog Owner's?
The liability in this case could be your own, since tourists should familiarize themselves with cultural differences. However, these laws vary by province. For example, the dog bite liability laws in Ontario say that, regardless of the dog's function or the role of the dog, the owner of the dog is liable for any expenses incurred from the dog biting or attacking you. Other provincial laws address the negligent act of not posting a sign that tells tourists not to pet the dog because it is not a pet, not leashing the dog on a leash of a specific length, letting dogs run loose on your property even when your property is adequately fenced around the perimeter, etc. There are also laws that protect the dog owner if it is found that you teased or antagonized the dog and then the dog bit or attacked you.
Proving an Act of Negligence
If you in no way teased the dog, antagonized the dog or drew the dog's attention toward you, then you can file a lawsuit with a personal injury attorney in the province where the dog bite or attack occurred. You and the lawyer will have to prove that the incident occurred as part of a negligent act on the part of the dog's owner. Any witnesses that were present will have to return with you to Canadian court (if they came from the U.S. with you, or from another country entirely) and you will need all of your medical records for the incident as well. If the bite or attack wounds were treated in Canada, you should get copies of the medical records before you leave Canada and return home. If you also filed a police report, you will need that as well. All of this documentation is necessary to prove an act of negligence, which is difficult to prove if you have no documentation at all.
If you're the victim of a dog bite in Canada, you can have your personal injury claims handled by Bell Jacoe & Co.
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