Dog bites and animal attacks can cause a child to suffer serious physical and psychological injuries. Dog owners are responsible for what their pet does, and they can be held accountable when their dog causes harm. Follow the steps set out below if your child has been bitten or attacked by a dog, then reach out to a Barrie personal injury lawyer at Littlejohn Barristers for a free consultation. We can discuss your child’s personal injury case and help you make the right decision on how to proceed.
Steps to take after a child suffers a dog bite injury
These are the essential steps to take after your child is hurt in a dog bite incident.
Seek medical attention
Your child’s well-being is the top priority. Assess the severity of injuries and get appropriate medical attention right away. Dog bite injuries can range from minor cuts or bruises to serious lacerations, broken bones, and internal injuries.
If your child is severely injured, has hit their head, or lost consciousness, call an ambulance or take your child to the nearest emergency room. If injuries appear less severe, go to a walk-in clinic or your child’s doctor right away. Wounds and punctures must be properly cleaned to reduce the risk of infection, and you will want to ensure your child hasn’t been infected with rabies.
Identify the dog owner
It is important to identify the dog owner so that the incident can be reported to the proper authorities. The dog owner’s identity is also needed so they can be put on notice of your child’s personal injury claim.
Gather information and evidence
To the extent possible, gather names and contact details for any eyewitnesses. Take photographs or videos of the scene, the dog, any visible injuries, etc. Write down your recollection and your child’s recollection of what happened as soon as you can, before memories fade.
Report the incident
Contact local animal control and/or bylaw services to report the incident.
Contact a dog bite lawyer
Barrie lawyers at Littlejohn Barristers can advise you on your child’s legal rights and explain the legal procedure for a dog bite claim. We can review the case and provide an assessment of the likely range of damages given your child’s injuries and how the injuries are impacting your child’s life. We also assist by gathering evidence, notifying the proper parties (the dog’s owner, insurance company, property owners, etc.) and filing a personal injury claim on behalf of your child to obtain financial compensation.
Follow up with doctors and recommended treatments
Continue to check in with your child’s doctor, see specialists as needed, and follow all reasonable treatment recommendations (e.g., wound care, physiotherapy, counselling for Post-Traumatic Stress Disorder or other emotional trauma).
Proper medical care and treatment are essential to your child’s health and recovery. The records produced when your child sees a medical professional and receives medical treatment will be acquired and used as evidence to strengthen your child’s personal injury case.
Keep receipts for any out-of-pocket expenses such as medication or treatment fees, as reimbursement can be claimed (these are known as “special damages” in a personal injury lawsuit).
Dog owner liability in Ontario
In Ontario, dog owners are held to a high standard with very limited defences to claims for compensation by victims of their dog’s attack. Ontario’s Dog Owners’ Liability Act says that a dog’s owner is strictly liable for all injuries and damages caused by their dog. That means dog owners are responsible regardless of whether their dog had a propensity to bite, and even if they didn’t behave in a negligent manner leading up to the incident.
Depending on the circumstances, there may be other responsible parties. For example, a person who is not the dog’s owner may still be liable under Ontario’s Occupier’s Liability Act for failing to ensure that the premises were reasonably safe for people coming onto the property. There may also be liability against another party at common law for negligence.
Limitation period for claims by injured children
In Ontario, a personal injury lawsuit is started by filing a “Statement of Claim” in court and serving it on the defendant(s). If the claim is not started in time, the right to make a claim for compensation can be lost.
The basic limitation period that applies to Ontario personal injury claims—including dog bites and dog attacks—comes from the Limitations Act, which states that a personal injury lawsuit can’t be filed after the second anniversary of the date of loss. The two-year basic limitation period is strictly applied.
There is an exception for injured children. The two-year limitation period doesn’t start to run when an injured person is a minor. Instead, the limitation period begins to run on the child’s 18th birthday. A Litigation Guardian (such as the child’s parent) can start the lawsuit sooner on behalf of the child.
Family members are encouraged to reach out to a personal injury lawyer to discuss legal options in that regard. We don’t recommend waiting until the deadline to hire a lawyer or file your child’s claim. It takes time to properly investigate a claim, gather supporting evidence, and prepare the necessary paperwork. The more time that passes, the greater the chance that crucial evidence may be lost or witnesses may move away.
Guidance And Legal Advice From An Experienced Dog Bite Lawyer
Barrie law firm Littlejohn Barristers can represent your child in their dog bite or animal attack claim. We have extensive experience representing adult and child dog bite victims. We can help navigate the legal process, gather evidence, and secure fair compensation for your injured child.
If you want clear legal advice and strong advocacy from a personal injury lawyer in Collingwood, Barrie, Orillia, Midland, Innisfil, or the surrounding areas, Littlejohn Barristers can help. Contact us to schedule a free, no obligation initial consultation.