Warmer weather means more people out and about. We see more people out for walks both with and without dogs.
Some dog owners are very responsible. They curb their dog, keep them on a leash and keep the under control. Some dog owners are not. But even the most responsible dog owner may run in to a situation whereby their dog losses control.
What happens when a dog attacks someone? How does one go about making a claim for damages.
It goes without saying that you cannot sue the dog itself. But you can sue the dog owner and claim damages against him/her.
It helps if the dog owner has asset or home owners or renter’s insurance.
A dead beat dog owner without any assets and without any form of insurance will result in an fruitless case. That’s not to say that a Plaintiff won’t “win” the case. In fact, there is a very strong likelihood on a dog bite or dog attack case that the Plaintiff will “win“; and a Court will order that the Defendant dog owner pay damages.
But the Judgment will be an empty one. A Plaintiff cannot recover blood from a stone in the event that the Defendant is without any assets, and without any insurance coverage. A Judgment-Debtor Examination may reveal that the Defendant Dog Owner owns no property, no vehicles, has no money in the bank, and is currently on ODSP or Ontario Works (both of which cannot be garnished).