Dogs are man’s best friend, right? Well, maybe not if you’re a pet owner and your dog injured someone. In most cases, it’s easy to prove that the owner of a dog has violated the law and caused an injury. But proving negligence in court can be trickier than many people think–especially when they’ve caused no physical damage themselves. Here are some tips on how to navigate this process:
In order to prove negligence, your injury lawyer in Sarnia must show that the defendant owed a duty of care and breached that duty. When his or her dog was off-leash at the time of their accident. If he or she failed to act responsibly, then you may be able to bring suit against him or her for damages caused by your injury.
When There’s No Duty of Care
When your dog causes an injury, you must show that the owner was negligent. This means proving that they knew or should have known of the danger and failed to take steps to prevent it.
Did Negligence Cause the Injury?
The law defines “negligence” as a breach of duty resulting in damages. In other words, if you were negligent, it means that your actions or omissions resulted in harm and damage to someone else’s property or person (or both).
In most cases involving dog bites, this means proving that the owner was aware of the potential risks associated with having a pet at home but failed to take reasonable precautions against those risks. You can also show this negligence by demonstrating circumstances surrounding an incident.
Where Negligence Doesn’t Matter
Negligence is the act of failing to use reasonable care in an activity.
The owner’s negligence doesn’t matter if:
The victim was provoked into attacking by someone else, like a trespasser or criminal on the property (unless it’s a felony).
The victim was committing a crime against someone else when attacked by your pet. This could also be true if you have video footage of this happening and don’t report it to the police right away!
If you’ve been injured by a dog owner’s negligence, you may be able to hold them liable for your injuries. This is because you have a claim against the negligent party for damages (including medical expenses) resulting from their failure to exercise due care and attention toward animals on their property.
To establish liability in such cases, there must be proof that:
The defendant failed to maintain these fences properly. You suffered damages as a result of being bitten by an animal on said property.
Lawyers don’t pretend to know exactly how the law works, but they do know that it can be complicated and hard to prove negligence. It is possible to hold someone liable for their dog’s negligence if they’ve violated a duty of care. But this decision is up to a judge or jury. You should always consult with an attorney before filing a lawsuit regarding injuries caused by a dog owner’s negligence.