Dog Bite Claims

Unfortunately, it’s very common for poorly trained and out-of-control dogs to injure individuals

You might be one of those unfortunate individuals that is attacked by a dog and bitten or injured because of the conduct of the dog. At first blush, you might believe that there is no claim to be advanced because you were injured by a dog not a human being. However, you may have an injury claim that you can pursue.

The first thing is that homeowner’s insurance policies generally do respond to a situation where the homeowner allows his/her dog to cause injury to an innocent person. An investigation into the potential of insurance is important to decide if there is an avenue to pursue compensation from an insurance company.

If there is no insurance available, you still want to determine if the dog owner has any personal assets that could be sold or liquidated in the event of a settlement or judgement in your favour. If there are no such assets and no insurance then unfortunately, pursuing the injury claim arising out of the dog bite is not prudent.

A claim against a dog owner is easy to pursue if the dog has a past history of poor behaviour such as biting other humans. Often, the SPCA will have records of unruly conduct of dogs. The law indicates that if a dog has not had a previous incident where the dog attacked or bit a human then there may not be liability against the dog owner despite the fact that the dog injured you.

There’s also potentially an argument about how the dog attacked you gives rise to negligence in the absence of a history of previous misconduct on the part of the dog. An example is where the owner was allowing the dog to be off leash contrary to municipal bylaws. Another example would be where the owner failed to lock up the dog behind a fence or for that matter, left the fence in disarray.

If you’re injured in an incident involving a dog you should contact the lawyers at Mussio Goodman to do some initial investigation as to whether there is a viable injury claim to pursue against the dog owner.

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