That Pitbull terrier running around the field with his owner sure appears to be lovely, doesn’t he? You are just outside enjoying the nice ray of sunshine with your daughter, who has the biggest toothy grin from side to side you have ever seen.
Suddenly, the leash snaps and the owner yells “Rocky! Rocky stop!”
Just like that, everything changes in a second. Your daughter’s life will never be the same.
These types of incident occur more than we would like to see. As pet ownership has steadily increased in Canada, this is inevitable.
The owner of the dog has a duty of care and can be found liable under the doctrine of scienter or in negligence.
For the Defendant to be found liable under the doctrine of scienter, the Plaintiff must establish that:
- the Defendant was the owner of the dog;
- the dog had manifested a propensity to cause the type of harm occasioned; and
- the owner knew of that propensity.
The doctrine of scienter relies on a subjective examination of the dog owner’s knowledge abd gives rise to strict liability based on that knowledge.
To succeed in an action based on negligence, against the owner, it must be proven that:
- The owner knew or ought to have known that the dog was likely to create a risk of injury to third persons, and
- The owner failed to take reasonable care to prevent such injury.
Let us PROTECT YOU from any further headaches from the dog or pet bite or attack that your family has experienced. and truly FURTHER YOUR INTERESTS. We will collect all the relevant information and deal with the owner directly or opposing counsel on the other side to ensure that you are adequately compensated and reimbursed for your loss and out of pocket expenses. Your damages can include any of the following – general damages for chronic pain, pain and suffering, and loss of enjoyment of life, special damages for past loss of income, housekeeping capacity, and out of pocket expenses, and general damages for future loss of income, future cost of care and loss of working capacity.
If you have questions about your particular situation, please contact one of our personal injury lawyers today
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