What To Do If You Have Been Bitten By A Dog

If you are like almost 40 per cent of Canadians, you own a dog. According to Agriculture Canada, the dog population in this country was around 8.3 million in 2024.

History shows that dogs were domesticated thousands of years ago, proving to be invaluable for hunting and protection. They were also used for herding and even transportation, pulling small carts for farmers and peddlers in the Middle Ages.

Dogs continue to serve society in a number of different capacities. Service and assistance dogs are trained to help those with disabilities. Law enforcement agencies use canines in search and rescue operations and to track criminals, as well as detect narcotics and explosives. Dogs have also been trained to detect various cancers.

Aside from their practical use, it is safe to say that dogs, above all, provide companionship. In fact, the majority of dog owners do not see their pets as possessions but as members of the family.

Today's canine can provide a sense of comfort, relieving stress and anxiety. In fact, an American Heart Association survey found that "95 per cent of pet parents rely on their pet for stress relief." "Many pet owners have found emotional support from their pets and science backs up the physical and mental health benefits to pet companionship," said lead author Dr. Glenn Levine.

"Chronic or constant stress is a key risk factor of heart disease and stroke, and studies show having a pet can improve mood, reduce stress and encourage healthy lifestyle habits like physical activity."

Having a dog enables people to lead more active lives through walks and play and research has shown owning a pet can lower blood pressure.

But it is important to remember that dogs are not without fault. They communicate their emotions and discomforts in different ways and biting can be one of them. Not all dogs bite but any one of them can, no matter the breed or the size. And these bites can have a long-lasting impact on the victim.

Most Victims are Children.

The Humane Society of Canada has reported that about 500,000 people are bitten by dogs each year with children between the ages of five and nine being the most likely victims. That translates to about one dog bite every 60 seconds. The seriousness of these bites varies and depends on the depth of the dog bite wound and its location. However, a victim can be seriously injured and require medical attention, physiotherapy and even plastic surgery. An attack can also be traumatizing and leave emotional scars that remain for years.

Fatalities are rare. Research indicates there are only about one to two deaths annually in this country. The National Library of Medicine in the United States found that "an electronic search of media reports in the Canadian Newsstand database, for the years 1990 to 2007, identified 28 fatalities from dog-bite injuries."

However, deaths do occur. Earlier this year, CBC News reported a 56-year-old man died two days after suffering serious injuries while being attacked by five dogs outside a southwestern Manitoba home.

Last November an 81-year-old woman died after being attacked by three dogs inside her Northern Ontario home.

Why do dogs bite?

Dogs will bite for a variety of reasons. Studies show it is not their breed that influences whether they strike out but rather their individual history and behaviour. According to the American Kennel Club (AKC) "under the right circumstances, all dogs can bite."

"With very rare exceptions, dog bites do not come out of nowhere, even if it sometimes seems that way. From small nicks that don't break the skin to serious bites that require medical care, there are multiple reasons a dog might feel that biting is their best response," the AKC reports. "Unfortunately, people often miss the warning signs that a bite could happen. Most dogs will try to communicate discomfort prior to biting by barking, growling, or snapping at the air."

Dogs will often bite lightly (also known as mouthing) while playing, either with a person or another dog. However, more serious bites can occur when an animal:

• senses a threat;
• is startled or is feeling scared;
• is sick or injured;
• feels trapped in a situation that is uncomfortable or unpleasant;
• when they are defending themselves or their territory; or
• is guarding something valuable to them, such as their food, their puppies, or a toy.

The American Kennel Club states dog owners need to avoid "flooding" their pets with stressful situations.

"Flooding refers to exposing your dog to prolonged or large amounts of things that scare or overwhelm them. It's an approach that is generally anxiety-producing for dogs, and doesn't do anything to shift your dog's emotional response to the situation they find overwhelming," according to the AKC. "In these situations, it is more likely your dog will respond to being overwhelmed/overstimulated by biting."

The Law in Ontario.

Dog owners in this province are strictly liable for injuries caused by their pets, regardless of that animal's past behaviour. That means if you have been bitten by someone's dog, even if that dog has never bitten anyone before, the owner can be held liable under the Dog Owners' Liability Act.

Unlike a slip and fall claim or a car accident, you do not have to prove negligence under the Act. The dog does not have to be provoked for you to have a viable claim. Even if the owner took reasonable steps to prevent an attack, they are responsible for damages. Of course, if the victim was trespassing or committing a crime when they were bitten that is likely to negate a claim "unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of persons or property."

It should be noted that "ownership" of the dog can include those who are temporarily responsible for the pet, such as a dog walker. As well, it is important to remember that even if the attack took place on private property, the liability of the owner is determined by the Dog Owners' Liability Act, not the Occupiers' Liability Act, which holds property occupiers responsible for injuries to visitors caused by unsafe conditions or activities while on their premises.

While dog owners are strictly reliable for the injuries their pets inflict, there are some provisos to note when claiming damages. According to the principle of contributory negligence, you may share some responsibility in any injury you suffer depending on your actions. For example, if you fail to get permission to interact with a dog from the person controlling it or if you provoke the animal, your damage award is likely to be reduced. You would also assume risk by interacting with any dog you do not know.

The Do's and Don'ts of Interacting with Dogs.

The American Veterinary Medical Association states "any dog can bite: big or small, male or female, young or old. Even the cuddliest, fuzziest, sweetest dog can bite if provoked." However, there are steps people can take to avoid being a victim, according to the Etobicoke Humane Society:

• Ask for permission before petting someone's dog.
• Look at the dog's paws while greeting them, not directly into their eyes.
• Pet the dog on the side of its neck or on its chest.
• Slowly move your hand away when you have finished petting them.
• Be aware of the animal's body language and warning signs.
• Slowly move away if the dog is not interested.
• Stand still if a strange dog approaches you.
• Respect older dogs.
• Avoid injured or ill dogs.
• Respect a dog's resting and feeding places.
• Behave calmly around dogs.
• Only approach a dog if it is awake.
• Leave mother animals and their babies alone.

The Humane Society also advises against:

• Petting stray dogs.
• Staring into a dog's eyes.
• Interacting with a dog while it is eating.
• Putting your hand into a car, crate, through a fence or window or anywhere a dog is confined.
• Touching an injured or sick animal.
• Trying to give a dog a hug or kiss.
• Sneaking up on or scaring a dog.
• Putting your face up to a dog's face.
• Approaching a dog that is tied-up.
• Entering the property where a dog lives to retrieve a lost ball or other object.
• Playing rough with a dog.

Call Us if You Have Been Bitten By a Dog.

Being attacked by a dog can be a traumatic experience that leaves you with serious, long-lasting injuries. If you have been hurt due to someone else's negligence, it is in your best interest to consider your legal options.

Our experienced personal injury lawyers can explain the law, determine whether you are entitled to an injury claim and help you obtain the compensation you deserve. Contact us today. Your initial meeting is free and without obligation on your part. We will never charge legal fees until your claim is settled.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.