Best Animal & Dog Injury Lawyers in Markham

About Animal & Dog Injury Law in Markham, Canada

Animal & Dog Injury law addresses the legal implications arising when someone is injured by an animal, most commonly a dog. In the city of Markham, Ontario, such laws are shaped by provincial legislation—including the Dog Owners’ Liability Act (DOLA)—as well as local by-laws, and provide important guidelines for liability, compensation, and animal control. These laws strive to balance public safety with the rights of animal owners. If you have been involved in an incident where a dog or another animal caused injury or damage, understanding your rights and obligations is crucial.

Why You May Need a Lawyer

You may require legal assistance in animal or dog injury matters for a number of reasons. Common situations include:

• Being bitten or attacked by a dog, resulting in injuries and medical expenses
• Your pet being injured or killed by another animal or dog
• Faced with a claim against you as a pet owner after your dog bites or injures someone
• Disputes over compensation for property damage caused by someone else’s animal
• Dealing with the Animal Control or local authorities regarding dangerous or aggressive dog designations
• Navigating insurance claims relating to animal-caused injuries

A lawyer can provide guidance on your rights, help you understand the best course of action, and advocate on your behalf, especially when injuries are serious or liability is disputed.

Local Laws Overview

Markham is governed by both provincial and municipal laws regarding animal and dog injuries:

• Dog Owners’ Liability Act (DOLA, Ontario): This provincial law holds dog owners strictly liable for bites or attacks, regardless of any history of aggression. Owners can also be held responsible if their dog injures another domestic animal or causes damage.
• City of Markham By-laws: Local by-laws require dogs to be leashed in public spaces, ban certain breeds, and set out specific requirements for licensing and control. Repeated incidents can result in a dangerous dog designation, leading to stricter control requirements or, in extreme cases, destruction.
• Negligence and Civil Lawsuits: Victims may pursue civil claims against animal owners for medical costs, pain and suffering, loss of income, and other damages.
• Animal Services: The City of Markham Animal Services investigates dog bites and animal attacks, and is authorized to enforce by-laws, issue fines, or impose restrictions on pets and their owners.

Understanding these local laws can help protect your interests, whether you are the injured party or the animal’s owner.

Frequently Asked Questions

Who is liable if a dog bites someone in Markham, Ontario?

In most cases, the dog’s owner is strictly liable under the Dog Owners’ Liability Act for any injuries or damages caused by their dog, regardless of the dog’s prior behaviour.

What should I do immediately after a dog bite or attack?

Seek medical attention, document the injuries and scene, obtain the dog owner’s contact information, and report the incident to Markham Animal Services as soon as possible.

Can I claim compensation for my injuries resulting from a dog bite?

Yes, victims can claim compensation for medical expenses, pain and suffering, lost wages, and other losses resulting from the injury.

Does the law apply to injuries caused by animals other than dogs?

While DOLA specifically addresses dogs, other provincial and municipal regulations may apply to injuries caused by other animals. Liability often depends on the circumstances and the animal involved.

What happens to a dog after it bites someone?

Markham Animal Services investigates dog bites and may order the animal to be quarantined, impose fines on the owner, and in severe cases, designate the dog as dangerous or order its removal.

What is a "dangerous dog" designation in Markham?

A "dangerous dog" is a dog that has been deemed a risk to public safety due to aggressive behaviour or previous attacks. Owners may have to comply with strict conditions such as special enclosures and muzzling.

What if I was partially responsible for the incident?

Ontario uses the principle of contributory negligence, which means compensation may be reduced if your actions contributed to the incident (e.g., provoking the dog).

How long do I have to start a legal claim after a dog injury?

The limitation period in Ontario is generally two years from the date of the incident, but you should consult a lawyer promptly, particularly if a minor is involved.

Does homeowner's insurance cover animal or dog attacks?

Many homeowner’s or renter’s insurance policies cover personal liability for animal attacks, but coverage can depend on the policy and breed restrictions.

Can the owner be criminally charged if their dog injures someone?

In cases of gross negligence or where by-law violations are involved, an owner could face fines or, in rare circumstances, criminal charges if there was deliberate intent or recklessness.

Additional Resources

• City of Markham Animal Services: Provides information on animal by-laws, incident reporting, and animal control procedures.
• Ontario Ministry of the Attorney General: Offers details on the Dog Owners’ Liability Act and general guidance on civil claims.
• Law Society of Ontario: For referrals to qualified lawyers specializing in personal injury and animal law.
• Ontario SPCA: Assists with guidance on animal care and welfare concerns.
• Community Legal Clinics: Local legal clinics in York Region offer free or subsidized advice on civil liability and animal by-law matters.

Next Steps

If you need legal assistance regarding an animal or dog injury in Markham:

• Document everything related to the incident, including photographs, witness statements, and medical or veterinary records.
• Report the incident to Markham Animal Services to ensure the situation is properly investigated and recorded.
• Consult with a lawyer experienced in animal and personal injury law to understand your rights and legal options. Early advice can help preserve your claim and guide your actions.
• Contact your insurance company to determine any available coverage.
• Review local by-laws to ensure you comply with any additional requirements or restrictions related to animals in Markham.

Prompt action is important. Reaching out to a legal professional or community legal clinic can help you navigate the process and protect your interests, whether you are a victim or an animal owner in Markham, Canada.