When the Dog Bites

Compensation for Dog Attacks and Injuries in Newfoundland and Labrador

For many, seeing a dog approaching while out on a walk or doing errands is a delight. A rogue furry friend to meet? What luck!

Unfortunately, sometimes these encounters are not so welcome- and the dog not so friendly. For any number of reasons, a dog can bite, attack, or injure someone unexpectedly, causing real and often lasting damages. An animal may attack other animals as well- or cause damage to your property.

It’s estimated that there are over 500,000 dog bites annually in Canada. Most bites are from dogs that are not owned by the victim. While not all may be serious- many can be. The most likely area for a dog to bite is the victim’s face, head, or neck. Majority of incidents are initiated by a dog where there was no interaction with the animal prior to the attack.
The resulting injuries can be far-reaching as well. The University of Guelph, in a 2020 study, found that around 17% of off-leash dogs were not vaccinated against rabies. Further, there can be lasting emotional, psychological and physical damages as a result of a bite or attack.
 
COMPENSATION FOR DOG BITES/ATTACKS

After an injury from a dog bite or attack, victims may consider seeking compensation.

In Newfoundland and Labrador, pet owners[i] are liable for damages or injuries to a person, other animals, or goods and property caused by their pet.[ii] The Animal Health and Protection Act, SNL 2010, c A-9.1 provides that the victim of an animal attack does not need to show that the injuring animal had a ‘propensity’ to injure nor does the victim need to show the injury was caused by neglect of the owner.[iii]

The level of compensation available depends on a number of factors. In a recent case from Ontario where a dog bite left the victim with an injured rotator cuff, causing her time off work and unable to return to work in the future, the victim was awarded $100,000 in general damages and around $250,000 for loss of income and future care.[iv] In other cases, where the injury has less long-term mobility impacts on the victim- such that they are able to fully physically recover from the attacks, but still have scars and psychological impacts, general damages can range from $5,000-$50,000.[v] It is important to understand that every case is unique- and damages might vary greatly, even from that range, depending on the applicable factors.

Depending on their situation, the owner of the dog may be covered by their homeowner’s insurance or other insurance.
 
WHAT SHOULD I DO IF I HAVE BEEN BITTEN? WHAT SHOULD I DO IF SOMEONE’S ANIMAL HAS DAMAGED MY PROPERTY?

First and foremost, if anyone has been injured by an animal they should seek immediate medical attention. Even if the injury is not ‘severe’- infections or diseases are always a possibility and those injured ought to exercise prudent care by seeing a doctor immediately.

If possible, taking photos or having someone take photos for you of the injury may be helpful. You might also seek information concerning the identity of the owner of the dog and details of the dog itself. Ultimately, you will need to know who the owner is to file an action against them.

If others saw the attack or have details of what might have happened, getting their contact information could be helpful as well. Where possible, observing if any video might exist of the area where the incident occurred.

Seeing a medical practitioner regularly to keep record of your injury, as well as documenting any time you had to take off from work as a result of the attack will help determine damages and compensation, should you pursue an action.
 
WHEN SHOULD I CONTACT A LAWYER?

Generally, you will have 2 years from the date of the attack to start a legal action- after which time you may be permanently barred due to the Limitations Act.[vi] The sooner you are able to contact a lawyer to inquire about your matter, the sooner the lawyer can assist and get the process started. If the other party is engaged to settle, you may be able to save on fees related to court filings or similar. The earlier you contact a lawyer to discuss, the more time you have to consider options with them prior to your limitations date.

Budden and Associates has a broad personal injury and civil litigation practice. Through our advocacy and court cases, we have expanded new theories of liability and compensation in a number of legal areas, ensuring our current and future clients are compensated appropriately for the injuries they sustained. Our wide scope of practice makes certain we are always up to date on the newest and developing areas of compensation. We approach every case holistically to provide the best available outcome– whether that case is, for example, a motor vehicle accident, intimate images claim, slip and fall injury, childhood physical and/or sexual abuse, or, as above, an animal attack.

Our lawyers understand that injuries and resulting trauma are life altering- we work with clients at each step of the process to ensure they are informed and empowered in pursuing their claim.

If you would like to arrange a free confidential consultation, please reach out to: [email protected] or call us at: 709-576-0077
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[i] Wherein section 34 of Animal Health and Protection Act, SNL 2010, c A-9.1 states that: “An owner of a companion animal or livestock shall be liable for damages or injury caused by that animal or livestock to a person, other animals, goods or property.” Companion animal and livestock are defined in the Act at section 2.
[ii] Animal Health and Protection Act, SNL 2010, c A-9.1 at s 34.
[iii] Animal Health and Protection Act, SNL 2010, c A-9.1 at s 34(3).
[iv] Constantinou v. Stannard, 2021 ONSC 5585
[v] Rai v. Flowers, 2014 ONSC 3792 at paras 43-45.
[vi] Limitations Act, SNL 1995, c L-16.1 at s 5.