Failed Lawsuit should be a warning to Dog Walkers
Failed Lawsuit should be a warning to Dog Walkers
By David Lackman
Becoming a dog walker for hire has several advantages, in addition to the obvious financial benefits. It is an opportunity to get outdoors, get some exercise and build a connection with the community. Dog walkers can be students or retirees seeking to earn some extra income, or entrepreneurs looking to build a full-time career.
However, those hoping to boost their income by offering their services as a dog walker need to be aware of the risks and obligations that go along with the job.
Dog Bites Are Not Uncommon.
Of course any dog can bite, and for a variety of reasons. It is not necessarily the breed that influences whether a dog will bite, but their individual history and behaviour, states the American Kennel Club (AKC).
Most people injured by dogs are familiar with the pet. In fact, some research indicates that up to 90 per cent of dog bites are inflicted by an animal the person knows. The victim can be a family member, a friend, a neighbour or even a dog walker.
It is important to understand that any dog can bite under certain circumstances.
Who Is Responsible When a Dog Bites?
It would be natural to assume that if you are bitten by a dog and suffer a serious injury, the animal’s owner would be liable for damages. In many instances, that assumption would be correct, but the law is complex and cases turn on their specific facts.
Understanding the Dog Owners' Liability Act.
Dog owners in Ontario are generally responsible for injuries caused by their pets. Even if your dog has never harmed anyone before, the dog owner can still be held strictly liable under DOLA. In earlier times, it was axiomatic that unless the owner had prior knowledge of the biting propensity of the dog, liability could not be made out. Thus, it came to be known that every dog was entitled to one free bite. The DOLA changed that, such that unlike a claim for injuries arising from a car accident or a slip and fall, the injured party in a dog bite case does not have to prove negligence on the part of the dog owner, or knowledge of the dog’s propensities. Indeed, liability will not be precluded even where reasonable steps were taken by the owner to prevent an attack.
However, someone trespassing or committing a crime when bitten or attacked may face challenges in advancing a claim “unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of persons or property.”
What is also significant, as illustrated in the Court of Appeal judgment referenced earlier, is that “ownership” of a dog can extend to those who are temporarily responsible for the pet, such as a dog walker.
As well, even if a dog bites or attacks someone on private property, the liability of the owner is determined by the Dog Owners’ Liability Act; not under the Occupiers’ Liability Act. The latter Act holds property occupiers responsible for injuries to visitors caused by unsafe conditions or activities on private premises; however, its application is expressly excluded by section 3 of that Act where a dog bites or attacks someone on private premises.
If you provoke a canine or fail to obtain permission from the owner to interact with it, for example, you may still be entitled to damages if you are injured, but any award may be reduced to reflect your own contribution to the event’s occurrence.
We Will Advocate For You.
The law is complicated, and making assumptions about your case can be counter-productive. You may be entitled to damages not only for pain, suffering and disfigurement, but also for economic losses, including lost wages, and future care needs.