A Windsor girl nearly lost her eye and now has 125 stitches in her face and leg after being attacked by a dog while at a sleepover last weekend.
According to the six-year-old’s grandmother, the girl was attacked by what she described as a pit bull on the night of Jan. 6, less than one hour after she was dropped off for a sleepover. The woman says that when she arrived at the house after being called about the situation, she found her granddaughter holding the right side of her face on with a towel and another towel wrapped around her leg.
According to the girl, the children at the sleepover were playing when two dogs, including one that had been dropped off at the house, began fighting. When the girl tried to stop the fighting, the dog that lived at the house turned on her, jumped at her and bit her face. Although an adult at the house tried to get the dog away, it then bit the girl’s leg.
Someone at the house called 911 and the girl was taken by ambulance to the Ouellette Campus of Windsor Regional Hospital. The girl later underwent two hours of surgery and required 75 stitches in her face and another 50 in her leg.
If someone you love has been bitten by a dog, you may have legal options. Contact the trusted Windsor dog bite lawyers at Greg Monforton & Partners for a free consultation to learn more.
Pit Bull Ban
According to local Windsor ordinance and the Ontario Dog Owners’ Liability Act, individuals are banned from owning pit bulls born after 2004.
The only situation in which someone can have a pit bull is if it is a restricted pit bull that was owned by a resident of Ontario on the day the Public Safety Related to Dogs Statute Law Amendment Act of 2005 went into effect or if it was born in Ontario before the end of the 90-day period beginning the day the act went into effect in 2005.
All owners of restricted pit bulls must comply with the requirements of the act, which includes that the dog is sterilized and contained by a leash and muzzle unless it is on the owner’s enclosed property or another person’s enclosed property who consents to the dog being there.
Ontario Dog Bite Liability
The Dog Owners’ Liability Act states that the owner of a dog must use reasonable care to prevent the animal from biting or attacking a person or domestic animal or from behaving in a way that poses a danger to the safety of society.
It also states that the dog’s owner is liable for damages resulting from a bite or attack. An owner is considered someone who possesses or harbours the dog.
The law does not require that the owner had previous knowledge of the viciousness of the dog and does not require proof showing that the owner was negligent in the handling of the animal to prevent an attack.
A case can be brought against a dog owner in the Ontario Court of Justice if it is alleged that:
- The dog bit or attacked a person or domestic animal.
- The dog behaved in a way that posed a danger to the safety of people or domestic animals.
- The owner did not use reasonable precautions to prevent the dog from biting or attacking a person or domestic animal or from behaving in a menacing way.
If the court finds that the dog has bitten or attacked a person or domestic animal or is a danger to society, it can rule that the dog be destroyed or that the owner take measures for the effective control of the dog by:
- Confining the dog to his or her property
- Restraining the dog with a leash
- Restraining the dog with a muzzle
- Posting warning signs about the dog
If the court finds that a pit bull has bitten or attacked a person or domestic animal or acted in a menacing way, the court will order that the dog be destroyed.
Contact a Windsor Dog Bite Lawyer
If you have been bitten or attacked by a dog, do not wait to contact the dog bite lawyers at Greg Monforton & Partners. We are well-versed in Windsor and Ontario dog bite laws and will be able to advise you of your legal options. Because dog bite owners can be held liable for the injuries and damages their dogs cause, you may be entitled to compensation for your injuries, medical bills, pain and suffering, and other expenses related to your injury.
Contact us today to schedule a free, no obligation consultation to learn more about how we can help you. We work on a contingency fee basis and will not require payment for the handling of your case unless we recover compensation for you.
Call (866) 320-4770 or complete a Free Case Evaluation form.