In Ontario if a dog bites someone, its owner is "strictly liable" under the Dog Owners’ Liability Act (R.S.O. 1990, Chapter D.16). Under this law, the person who suffered the damage does not have to prove that the dog’s owner was negligent. An owner is liable even if the owner did not have any knowledge of the dog’s propensity for biting people. All that must be shown under the legislation is that the dog bit or attacked someone, and the owner is automatically liable for the incident.
Motorists owe a duty of care to pedestrians. In most instances, when a pedestrian is struck by a car or other motor vehicle in Ontario, there is a presumption of negligence against the driver of the motor vehicle. This means the pedestrian may have an easier time proving the liability of the vehicle that struck them.
Accidents involving pedestrians are, unfortunately, quite common. Pedestrian accidents occur in roadways, crosswalks, intersections and often times in driveways and parking lots. The frequency of pedestrian accidents increases with poor weather and poor lighting conditions.
If you were injured by a vehicle while walking or cycling, you may be entitled to recover your damages from the at fault driver. Contact York Region personal injury lawyer, Andrew A. Iacobelli, for a free consultation.