It’s not uncommon for a dog owner to ask a friend or family member to take care of their pet while they’re at work or on vacation. Professional pet sitting and dog walking services are also very common these days. If the dog attacks someone while under that person’s temporary care, who is responsible for injuries caused? What if the dog bites the pet sitter or dog walker?
The answers may surprise you. Determining liability in dog bite cases can be tricky. We encourage you to connect with an Oshawa personal injury lawyer at our law firm to discuss your situation and find out if you have a case.
Dog Owner Liability in Ontario
In Ontario, the Dog Owners' Liability Act, R.S.O. 1990, c. D.16 governs liability for injuries caused by a dog bite or attack. Under that law, the owner of a dog is strictly liable for damages resulting from a bite or attack by the dog on another person or domestic animal.
Strict liability in this context means the dog owner is responsible for harm caused by their dog without the injured person having to prove that the dog owner was in some way negligent. The law is clear: to win compensation, the injured person doesn’t have to prove that the dog owner knew their dog was vicious or prone to attack, nor does the injured person have to prove that the dog owner failed to take reasonable steps to prevent the dog bite or attack.
Who is the Dog’s Owner?
Here is where it starts to get confusing. A person may assume that the dog’s owner is the person who actually owns the dog. On that assumption, if the dog hurts a dog walker, dog sitter, kennel employee, or friend/family member who is temporarily caring for the dog, the dog owner is liable, and the analysis needs to go no further.
However, the Dog Owners’ Liability Act doesn’t limit the definition of “owner” to the dog’s actual owner:
“owner”, when used in relation to a dog, includes a person who possesses or harbours the dog and, where the owner is a minor, the person responsible for the custody of the minor
The law defines “owner” in an expansive way, and there can be more than one owner. Where there is more than one owner, they are jointly and severally liable for damages resulting from a bite or attack by the dog on another person.
In defining "owner" to include a person who "possesses" or "harbours" a dog, the Ontario legislature intended to impose liability on people who have less than the full collection of rights belonging to an owner but who have attributes of ownership, possession and harbouring (providing safe shelter to the dog) where a measure of control over the dog is exercised.
Liability on the part of a person exercising control over a dog
The definition of "owner" under the law includes a person who is in physical possession and who is in a position to exercise a measure of control over a dog just before it bites or attacks another person or animal. The critical time to determine possession is the time just before the incident. This makes sense as the person exercising actual control over a dog is generally in the best position to avoid damage being caused by the dog to another person or animal.
What does that mean for dog sitters or other people who are taking care of someone else’s dog? Determining liability in a dog attack will always depend on the facts, but here is what our dog bite lawyers have distilled from the courts’ application of the Dog Owners’ Liability Act in personal injury lawsuits:
Primary responsibility rests with the dog’s actual owner, but liability can also extend to a person who is responsible for the dog. That means a dog sitter, dog walker, etc. can be held jointly liable with the dog’s true owner for injuries caused by the dog while under their care. So, for example, if the dog bites a child while being walked by a dog sitter, the dog sitter can be sued and found jointly liable with the dog’s actual owner for the child’s injuries.
If the dog bites or attacks the dog sitter, dog walker, etc. while the dog is under their care, the dog’s true owner is not likely liable under the Dog Owners’ Liability Act. Have a look at these recent Ontario personal injury cases where the courts dismissed lawsuits brought by a girlfriend bit while walking her boyfriend’s dog (Wilk v. Arbour, 2017 ONCA 21) and a kennel employee who was bit by a dog at the kennel (Medeiros v. Petopia Ltd. et al, 2020 ONSC 1562).
While a claim under the Dog Owners’ Liability Act is not likely to succeed, it may be possible for an injured dog sitter to sue the owner or some other individual for injuries. Again, liability depends on the unique facts of the case—you should never assume that you don’t have the right to compensation. Reach out to an Oshawa personal injury lawyer at Kelly Greenway Bruce for a free case evaluation. You may have a claim in negligence against the dog’s owner if they knew the dog was vicious or had a propensity to bite or could reasonably foresee a danger that resulted in harm. You may have a claim against a property owner or third party who created a situation where harm was foreseeable (e.g., if someone else provoked the dog or created an unreasonably risky situation that triggered the dog to attack).
Legal Advice from An Experienced Dog Bite Lawyer in Ajax, Linsday, and Oshawa
Personal injury lawyers at Kelly Greenway Bruce know that dog bite injuries can cause serious and long-lasting damages. You have options if you or a loved one has been hurt by a dog bite or dog attack. An Oshawa personal injury lawyer at our law firm can help you understand your legal rights and options for obtaining financial compensation.
We welcome you to contact us today to schedule your free initial consultation. An experienced dog bite lawyer from our team will evaluate your case and explain your legal options. When you choose to work with us, we will work tirelessly to get the compensation you deserve so you can focus on recovering from your injuries and getting back to your normal life.
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