Dog Bites in Ontario: Why the Owner Is Almost Always Liable
There is an old idea that every dog gets one free bite, meaning an owner is only liable once they know their dog is dangerous. That is not the law in Ontario. The Dog Owners’ Liability Act makes owners strictly liable when their dog bites or attacks a person, full stop.
For someone who has been injured, that changes everything about how the claim works.
Strict liability, in plain terms
Strict liability means you do not have to prove the owner did anything careless, and you do not have to prove the dog had a history. The fact that the dog bit you is enough to make the owner responsible for the harm. Whether it was a gentle family pet, a first-time incident, or a dog the owner swears had never done this before, none of that gets the owner off the hook.
The main thing that reduces a claim is the injured person’s own conduct. If you provoked or teased the dog, or you were trespassing, the owner can argue your share of responsibility, which can lower the award.
Where the money comes from
Most homeowner and tenant insurance policies include liability coverage that responds to a dog bite, which is usually how these claims are paid. That matters, because it means pursuing a claim is rarely about going after a neighbour personally and is more often about accessing an insurance policy that exists for exactly this situation.
What injuries the law takes seriously
Dog attacks frequently cause puncture wounds, nerve damage and permanent scarring, and for children they often cause lasting psychological effects. Scarring claims in particular can be significant, and photographs taken as the wound heals are valuable evidence. Get medical care, keep a record of the treatment, and report the bite to the local animal control office.
- ·Ontario owners are strictly liable for dog bites with no requirement to prove prior aggression.
- ·There is no free first bite in Ontario.
- ·Provoking the dog or trespassing can reduce, but does not always eliminate, a claim.
- ·Home or tenant insurance usually funds the claim, and scarring and psychological harm are compensable.
This article is general information, not legal advice, and every case turns on its own facts. If you have been injured, and especially in a matter involving dog bites, Shah & Shah Lawyers offers a free consultation.