Minor Injured in a Dog Bite Case is Awarded $60,000 in General Damages – Ottawa Dog Bite Lawyer Comments.
In a recent Superior Court of Justice decision in Zantingh et al. v. Jerry, Justice I. F. Leach found in favour of a minor who was attacked by a dog and awarded $60,000 in general damages. The December 3, 2013 decision was released in January of this year. The decision provides a good review of the current state of the law in dog bite cases and confirms that dog owners are strictly liable for the injuries caused by their dogs.
Justice Leach also reviewed issues of contributory negligence of a child of tender years and commented on the issue of a negligent supervision claim against the parent of the injured child. Justice Leach found that the child was not contributorily negligent nor were the parents found to have been negligent in their supervision of the child.
Justice Leach awarded $60,000 to the minor plaintiff in general damages for "noticeable, pronounced and obviously disfiguring scars". He also awarded Family Law Act – FLA damages to the parents and sibling of the minor. This case is a good reminder that dog bite cases are based on the strict liability provisions of the Dog Owner’s Liability Act.
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