Dogs have been devoted companions to us for ages. There is a history of this incredible bond between a man and a dog, built on trust and love.
Yet, even the most devoted furry friend can have moments of stress or fear, especially in unfamiliar situations. And that may cost you a pretty penny in lawsuits.
Imagine your dog gets angry or uncomfortable and bites the groomer. Though you don’t mean any harm, what about the victim?
Here, a question pops up: “Can a groomer sue you if your dog bites them?” As a dog parent in Ontario, it’s a valid concern, and knowing your rights and responsibilities is key to avoiding messy situations.
So, this article will explore whether a groomer can take legal action against you and what steps both parties should take when a dog bites.
What is dog owner liability in Ontario?
Dog owners in Ontario are governed by the Dog Owners’ Liability Act (DOLA). According to this law, the owners will be responsible for any harm their pets cause. This means if your dog bites someone—like a groomer—you could be on the hook for damages. No matter how well-behaved your pup usually is.
This is called strict liability, and it doesn’t require proof of negligence. Also, the court may prohibit you to own another dog for a specific time. Due to such dog bite cases, the DOLA has put a restriction on pit bulls in Ontario.
That’s why, it’s important for pup parents to be well-familiar with these rules and regulations.
Can a Groomer Sue You if Your Dog Bites Them?
Let’s dig deeper into whether you, as a dog owner, can really be sued:
- Analysis of Liability When a dog bites groomer
If your dog bites a groomer, the groomer may have the right to sue you for damages. Under DOLA, dog owners are generally held responsible for injuries their pets cause.
However, liability isn’t always straightforward or against the dog owners. Courts will look at the specific circumstances of the incident. This unbiasedness includes the behavior of both the dog and the groomer, to determine who is at fault. - Factors That Determine Liability
Here are some factors determining liability:- Known Aggressiveness of the Dog
If your dog has bad records of aggression or biting, this can significantly impact your liability. Courts may consider whether you took reasonable steps to prevent harm, such as warning the groomer or using a muzzle.
In short, a dog with an aggressive temperament increases the chances of proving you guilty. Along with dog grooming costs, you may have to pay hefty fines. - Groomer’s Awareness of the Dog’s Behavior
It’s not your, as a dog parent, responsibility to care for everything at all. Here, the groomer’s knowledge of your dog’s behavior also plays a role.
Despite knowing your dog’s aggressive tendencies, if the groomer goes without proper precautions, they might share some of the blame. For example, if they ignored clear signs of when your dog feels stressed or discomfort, their actions could reduce your liability. - Owner’s Disclosure of the Dog’s Temperament
As a dog owner, it’s your responsibility to share all behavioral issues with the groomer. If you forget to share even a single issue that causes bite could make you fully liable.
On the flip side, if you were upfront about your dog’s behavior and the groomer accepted the risk, this could work in your favor.
- Known Aggressiveness of the Dog
- Case law example in Ontario
The case of Walpole v. Crisol is too popular even today. It’s about how a six-year-old girl who was visiting a rented home was bitten on the face by the tenant’s dog. This resulted in serious injuries. The girl’s family sued both the dog owners (the tenants) and the landlords who owned the property.
What to do if a dog bite occurs?
If a dog bite occurs, rather than fighting, acting quickly and responsibly is key.
- Groomer should clean the wound and seek medical attention to prevent infection.
- The dog owner should ensure the groomer gets the care they need and gather details about the incident.
- Both parties should document what, where, and how it happened. It should also include photos of the injury and any witness statements.
- If the groomer sues when dog bites, the owner should contact their insurance provider and consult a lawyer.
- Lastly, both parties must stay calm and cooperative to resolve the situation more smoothly.
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FAQs
Can a groomer sue me if my dog bites them in Ontario?
Yes, a groomer can sue you if your dog bites them in Ontario. According to the Dog Owners’ Liability Act (DOLA), dog owners are typically liable for any harm their pets cause.
Are there any exceptions where I might not be held liable if my dog bites a groomer?
Yes, there are exceptions. If the groomer provoked the dog, overlooked the warnings of stress, or was aware of the dog’s aggressive tendencies but failed to take precautions, they might share some of the liability. Also, if you disclosed everything about your dog’s temperament and the groomer accepted the risk, the court could take a stand in your favor.
Can the court prohibit me from having another dog if my dog bites anyone?
Yes, the court may prohibit you from owning another dog. But it depends on the severity of the injury, the owner’s liability, and the dog’s behavior.