FAQs About Proving Your Claim After a Dog Attack

Posted on: 14 September 2016


After surviving a dog attack, you have the right to take action. What consequences the owner can face vary by province, but the fact that you are entitled to compensation does not. If you have been bitten by a dog, here is what you need to know.   

What Do You Have to Prove?

What you have to prove to win your claim against the owner of a dog varies by province. For instance, in some provinces, you not only have to prove that you were attacked by the dog, but you also have to prove who the owner of the dog is. In others, you might be required to go a step further and prove that the actions of the owner were negligent and led to the dog attacking you.  

You might also be required to prove that your injuries were the direct result of the dog attack. In this instance, your medical records might be enough. You can also call on any witnesses who saw the attack to attest to the seriousness of the attack and the injuries.  

How Do You Prove Negligence?

Proving a dog attacked you and identifying the owner is possibly the easiest part of your dog bite claim. If you live in a province that requires proof of negligence, the circumstances of the attack could make it difficult to prove the dog owner was at fault.  

To prove negligence, you have to show the dog owner failed to take precautions to protect the public from the dog. You also have to show that the owner should have known that there was a chance the dog could attack someone.  

If the owner did not have the dog safely secured—for instance, if there were a hole in the fencing that allowed the dog to escape—you could argue that the owner was negligent because he or she failed to ensure the fence was in good condition. If the dog attacked you while it was walking with the owner, you could argue that the owner should have known that he or she could not properly control the dog.  

Work with a personal injury attorney from a law firm like Ellsworth Johnson Phillips to identify the actions of the dog owner that you can cite as being negligent. Your attorney can help you determine the best method of proving your case and help you collect the evidence that you need.