Newfoundland Dog Bite Lawyers

Newfoundland and Labrador has no dog-owner statute, so a bite claim is proven under the common law. Either the owner failed to control a dog they should have controlled, or they knew the dog was dangerous and kept it anyway. A Newfoundland dog bite lawyer builds the claim from the animal control file and the medical record, and files in the Supreme Court within two years.

The Limitations Act Gives Two Years, Paused for a Child

Section 5 of the Limitations Act, SNL 1995, c L-16.1 gives two years. Section 14 counts from when the claimant knew or ought to have known of the injury, which for a bite is the day of the bite. Section 15 postpones the period for a minor. A parent can therefore wait for a child’s scar to mature before valuing the claim. The evidence should not wait. The City of St. John’s animal control file, the owner’s statements and the photographs from the first week are the case.

Negligence, Scienter and the Occupiers’ Liability Act Are the Three Routes to Liability

Negligence is one route. The owner did not take reasonable care, whether that was a dog off leash where the St. John’s or Mount Pearl bylaw requires one, a gate left open, or a dog with a history left with a child. Scienter is the other route. The owner knew the dog’s propensity and is liable regardless of care, and a prior complaint or a warning to a neighbour proves that knowledge. Where the bite happened on the owner’s property, the province’s Occupiers’ Liability Act adds a statutory duty requiring the occupier to take reasonable care for a visitor’s safety. We plead all three routes together where the facts support them.

The Claim Covers Scarring, Surgery, Counselling and Lost Income Without a Cap

Hands, forearms and the face are where dogs bite. The claim covers pain and suffering, disfigurement, revision surgery for a child, infection and nerve damage, counselling, and lost income. No cap applies. The Medical Care Plan’s cost of treatment is recovered from the wrongdoer inside the action. The owner’s homeowner’s or tenant’s policy pays. A claim against a neighbour or a relative is a claim against that insurer.

Bite Claims Go to the Small Claims Court or the Supreme Court Depending on Value

A claim of $25,000 or less fits the Small Claims Court; a bite that needed surgery or left a facial scar goes to the Supreme Court of Newfoundland and Labrador, General Division, in St. John’s or the nearest judicial centre. Most settle with the insurer once the scar photographs and medical evidence are complete.

The St. John’s office handles bite claims across the province, and Michael Murphy, K.C. leads the Newfoundland practice on these files.

The Dog Belonged to Family. Does a Newfoundland Dog Bite Lawyer Really Sue Them?

The claim is on their home policy and the insurer pays. Families bring these claims because there is one chance to compensate a child’s scar. Once the two years pass, or a settlement is signed, there is no second claim.

Will Animal Control Destroy the Dog If I Claim?

That is the city’s decision under its bylaw, made separately. The civil claim asks for money and nothing else.

I Was Bitten at a Client’s House While Working.

WorkplaceNL covers the injury and bars a claim against your employer; the claim against the dog’s owner, a third party, continues.

The Owner Says the Dog Never Bit Anyone Before.

That answers scienter, not negligence. An owner who failed to control the dog is liable whether or not it had a history.

Read the firm’s dog bite guide, which covers the common-law rules that apply here. Find the firm’s results at the results page, and see other claim types under injury law areas.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The St. John’s office opens the file. Contact the firm, or read what the firm can do.