What Evidence Do You Need for a Dog Bite Claim?

Why Evidence Matters in a Dog Bite Claim

Medical records, witness accounts, photographs, information about the dog and its owner, incident reports, medical bills, and documentation of the injuries’ impact on your life are the most critical items of evidence for a dog bite claim. Evidence gathered early can help prove liability and, where needed, prove negligence, document your injuries, and support your compensation claim in an Ontario dog bite case.

Puncture wounds, bites, and other injuries from a dog attack can lead to infection, nerve damage, scarring, and emotional trauma. For dog bite victims in Ontario who need to understand how to build a strong claim and protect their right to compensation, this article explains why evidence matters, what evidence to collect, how to gather and preserve it, how dog owner liability and possible defences may affect the case, and when legal help can make a difference under Ontario law.

How to Build a Strong Evidence for a Dog Bite Claim

The evidence is important because it links the attack by the dog to your injuries and to the losses you are looking for to be compensated. The owner of the dog or the insurance company may argue on their part how the bite came about, if you have any special injuries from the bite, and whether you can show both past and present symptoms and losses as a result of the bite.

Evidence can be used to establish that:

• The time of the dog attack, and the location;
• A description of the dog’s owner;
• The type and extent of your injuries;
• Future care needs;
• lost wages and out-of-pocket expenses; and
• Psychological harm, scarring and diminished quality of life.

Under the Dog Owners’ Liability Act, Ontario, this means the dog owner is legally responsible for any damages caused by a bite or attack by the dog. No liability is imposed if the owner knew or should have known that the dog was dangerous, or if he or she was personally negligent.

Seek Immediate Medical Attention After a Dog Attack

Seek medical attention as soon as possible after a dog bite, particularly if the skin has been broken. Prompt treatment protects your health, helps prevent complications, and creates a clearer medical record documenting the injuries shortly after the attack.

Keep copies of:

• hospital and physician records;
• prescriptions and treatment plans;
• specialist referrals;
• rehabilitation records; and
• psychological or counselling records.

Medical evidence can establish the type of injury, treatment required, recovery period, and potential long-term effects. It can also support claims for non economic damages such as pain, scarring, and emotional harm. Grillo Law also discusses the importance of medical documentation in its guide to the role of medical experts in personal injury cases.

Photograph Your Injuries Before They Heal

Make precise photos of your wounds as soon as possible and throughout recovery. The wounds from dogs can rapidly alter, and pictures may capture evidence that no longer exists several months later.

Take photos of any punctures, bruises, swelling, stitches, infections, ripped or torn clothing, or any scars. If possible keep the original digital files that have a date and time stamp.

Document the Scene

Note where the dog attack occurred while the memory is still fresh. Take photos or make notes of any key characteristics like gates, fences, leash conditions, warning signs, whether it happened on the owner’s property, or where the attack happened.

Make written notes describing:

• the date and time;
• the exact location;
• the specific circumstances of what was happening just prior to the attack;
• what the dog did; and
• the details of what happened shortly after.

This can be challenging to reconstruct later if it is not documented right away.

Toronto actually recommends that dog bite victims take detailed notes and take pictures of their wounds from the incident.

Collect Witness Statements

Get names and contact details of anyone who witnessed the dog bite or events just prior or after. An independent witness can assist in establishing if the dog was restrained, the approach of the dog, the actions of the dog’s owner, and whether another person shared care or control of the dog, raising possible shared responsibility.

Request witnesses to keep any photos or videos they may have taken. Their statements or videos could be especially significant if the dog owner gives a different version of events and may also help prove negligence.

Obtain the Dog’s Owner Contact Information

Write the name, address, phone number of the dog’s owner and any other information that could identify the dog.

An “owner” under the Dog Owners’ Liability Act is defined as a person who has the dog and/or harbours the dog, making dog ownership the basis for responsibility under the Act. More than one person may be included as an owner if they had possession or control of the dog, and they can be jointly and severally liable for damages.

See Grillo Law’s Dog Bites and Attacks page for more information about Ontario dog attack claims.

Report the Dog Attack to Animal Control and Police

Notify the relevant animal control officer and/or the police or emergency services depending upon conditions, and file an official report as soon as practicable. An official report will help to record the dog, the owner, witnesses, injuries and circumstances of the attack.

Dogs that bite or attack should be reported to 311 in Toronto. The City recommends to call 911 first if immediate medical care is necessary or if the dog is still at large. Animal control reports may help show prior complaints or incidents involving the dog. In Ontario, you generally have two years to file a claim after a dog bite. Any time you may have been exposed to the possibility of rabies, please report it to Toronto Public Health.

Retain any animal control reports and related correspondence and occurance numbers you receive.

Gather All Medical Bills

Keep receipts and invoices for any costs associated with your dog bite injuries. Financial records can be a tool to help you track the financial damages included in your claim or settlement.

These may include:

• prescription costs;
• rehabilitation or therapy;
• counselling;
• transportation to appointments;
• medical equipment;
• scar treatment; and
• other injury-related expenses.

If the injury resulted in the loss of employment, keep pay stubs, employment records, medical notes, and other documents to support lost wages.

Keep a Personal Injury Journal

A personal injury journal can be useful to record symptoms that may not be evident in medical records. Write down your pain, sleep problems, physical restrictions, treatment(s) received, emotional effects, and activities you can no longer do or do with difficulty.

Entries should be true, precise and consistent and not exaggerated. The psychological reactions (anxiety, fear after an attack) may also belong to the total injury. Grillo Law discusses more information about psychological injury claims.

How Evidence Affects Your Compensation in a Dog Bite Case

Ontario’s Dog Owners’ Liability Act holds the dog owner liable for damage resulting from the bite or attack of their dog (no proof of prior knowledge of dog’s aggression required). But conditions of the attack may also impact the claim.

Some of these key considerations are:

• The owner, possessor or harbouter of the dog;
• If there is more than one owner, whether they are all equal or unequal; and
• If a bite or attack was made;
• Whether the alleged injuries result from the attack;
• Whether or not the injured party’s actions played a role in the injuries.

It is not necessary for an owner to have a history of aggression, before they can become liable for a first attack.

Factors That Determine Liability In Dog Bite Claims

It is incorrect for a dog owner to claim that the dog never bit anyone before to avoid liability. The Ontario legislation specifically provides that there is no liability based on the owner’s knowledge of the dog’s tendency and no liability based on the proof of the owner’s negligence.

But there are arguments and counterarguments that could be raised. If the person injured was partly at fault or had been negligent, damages are to be reduced in proportion to his or her own fault or negligence. It also has a special exception for certain attacks on an owner’s premises where the victim was engaged in or intending to engage in a criminal activity.

Ownership, causation, the extent of the injuries and the level of damages claimed are other areas that may be disputed. Preservation of evidence will help to resolve some of these questions.

How Dog Owner’s Liability and Defences Affect A Bite Claim

A dog owner cannot generally avoid liability simply by arguing that the dog had never bitten anyone before. Ontario law expressly states that liability does not depend on the owner’s knowledge of the dog’s propensity or on proof of the owner’s negligence.

However, potential defences and disputes remain. The Act provides that damages must be reduced proportionately where the injured person’s own fault or negligence contributed to the loss. It also contains a specific exception relating to certain attacks on an owner’s premises where the injured person was committing or intending to commit a criminal act.

Defendants may also dispute ownership, causation, the severity of the injuries, or the amount of damages sought. Preserving evidence can help address these issues.

Seek Legal Assistance After a Dog Bite Incident

A dog bite lawyer can help identify the responsible owner, obtain medical and animal-control records, preserve available video or witness evidence, calculate losses, and communicate with insurers on your behalf.

Taking action early is particularly useful because injuries heal, surveillance footage may be overwritten, and witnesses can become more difficult to locate, making it difficult—and in some cases almost impossible—to gather the evidence needed to seek compensation.

Avoiding common errors can also protect your case. Read Grillo Law’s guide to common mistakes in personal injury claims for additional information about preserving evidence, obtaining medical care, and dealing with an injury claim.

If you or a loved one has been injured in a dog bite or attack in Toronto or elsewhere in Ontario, contact Grillo Law for a free consultation. You can speak with our personal injury lawyers to consult Grillo Law about a dog bite injury claim, review the evidence, explain your legal options, and help you understand the compensation you may be entitled to and deserve, including medical expenses, lost wages, and other damages.