Full disclosure:  I am not a dog lover.  But I’m delighted to know its officially “Dog Bite Prevention Week” (May 15th to 21st).

I do have “grand-dogs”.  And a family member just converted from an avowed position of “dog-aversion” to acquiring a four-legged friend (that cries through the night and piddles in inappropriate places).

The very fact that a week has been designated for this cause is a reminder that owning a dog increases one’s legal liability.

Recent Canadian statistics are more general than precise; but one study* found that from 1990 to 2003 almost 14,000 injuries involving dog bites were reported. The Canada Safety Council estimates that almost 70% of Canadian dog bite victims are children under the age of 15.  In the U.S., almost 5 million Americans suffer dog bites annually, with one in six requiring medical attention.

And many dog owners do not realize the legal burden they carry.  Contrary to popular opinion, under Canadian law a dog is not “entitled to its first bite”.

In Ontario, the Dog Owners’ Liability Act imposes “strict liability”.  The Act specifies that the “owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.”

In fact, the Act is clear that a dog owner cannot escape liability simply because of no prior knowledge of the dog’s inclination to attack or bite.  Nor is it a defence to attempt to demonstrate that the dog was being teased or provoked.  There are very few legal defences.

A conversation with your broker will confirm whether you have coverage under an existing Personal Liability policy (usually attached to a Homeowner’s, Tenant’s or Condo Unit Owner’s policy.)

Dogs represent risk.  And I don’t mean piddling in inappropriate places.

*Canadian Hospitals Injury Reporting and Prevention Program

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Comments

    5 comments

    KM

    May 17, 2011 at 10:05 am

    This is good advice. You never know when a dog might attack. It could be the friendliest dog in the world and due to one bad encounter it could strike. When I was a paperboy I was bitten by a dog that apparently was mistreated by a former paperboy. I’ve seen it play with young kids no problem. But as soon as it saw my newspaper bag it attacked. I have the scars to prove it.

    MB

    May 17, 2011 at 11:57 am

    WOW! So if I own a dog, and it bit someone I am automatically responsible for the damages caused by that dog? This is great information for all dog lovers out there.

    PL

    May 18, 2011 at 1:00 pm

    Yes I agree you should be responsible for the actions of your pet, just as you are for your young children.

    mr

    May 18, 2011 at 1:52 pm

    Very informative! We just became dog owners and I will be sure to educate my kids and watch the behavior of my new puppy.

    Samantha M.

    August 4, 2011 at 2:53 pm

    http://video.ca.msn.com/watch/video/dog-kills-quebec-baby/16a6etkt7?src=FLPl:videoContainer:play:search_relevance

    Dogs are a huge risk.. in this newscast a young mother lost her baby due to a dog mauling her newborn. She is being charged for criminal negligence.

Randy Bushey

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