Nova Scotia Dog Bite Lawyers

In Nova Scotia the dog’s owner is liable for a bite when they failed to control an animal they should have controlled, or knew the dog was dangerous and kept it anyway. No provincial dog statute does that work. The common law and the Occupiers’ Liability Act do. A Nova Scotia dog bite lawyer proves it from the animal services file and the medical record, and files within two years.

The Claim Has Two Years From Discovery, Stopped While the Victim Is a Child

The Limitation of Actions Act, SNS 2014, c 35 gives two years from discovery under s. 8, with a fifteen-year outer limit. Children are bitten more than anyone. Section 19 stops the clock while the claimant is a minor, so a parent can wait until the scar has matured before deciding. Waiting to claim is safe. Waiting to gather evidence is not. Halifax Regional Municipality’s animal services investigates bites under its bylaw. Its file, with the owner’s statements and the dog’s history, is the foundation of the claim.

Negligence and Scienter Are the Two Routes to the Owner’s Liability

Negligence asks whether the owner took reasonable care. That means the leash rules under the HRM bylaw and the municipal bylaws elsewhere in the province, fencing, supervision around children, and muzzling a dog with a known problem. Scienter asks whether the owner knew the dog had a propensity to bite. If so, the owner is liable regardless of care. A dog declared dangerous by a municipality, a prior complaint, or a warning to a neighbour each establish knowledge. Where the bite happened on the owner’s property, the Occupiers’ Liability Act, SNS 1996, c 27 adds a statutory duty to visitors that the common law does not.

The Claim Covers Scarring, Surgery, Counselling and Lost Income, with No Cap

Most bites are to the hands, forearms and face. The claim covers pain and suffering, disfigurement, revision surgery that a growing child will need more than once, counselling for the fear of dogs that follows, and lost income for a parent or a tradesperson whose hand is out of use. There is no cap outside auto claims. MSI recovers its cost of treatment from the wrongdoer inside the action, under the Health Services and Insurance Act. The owner’s homeowner’s or tenant’s policy pays.

Small Claims Court to $25,000, the Supreme Court for Surgery or a Facial Scar

Claims of $25,000 or less fit the Small Claims Court of Nova Scotia. A bite that needed surgery or left a facial scar goes to the Supreme Court of Nova Scotia, where either party can request a jury. Most settle with the insurer once the medical evidence and the scar photographs are complete.

The Halifax office handles bite claims across Nova Scotia. Michael Byrne and Aodhan Murphy run the province’s injury practice.

The Dog Belonged to a Friend. Is It Really a Lawsuit?

It is a claim on their home insurance policy. The insurer, not the friend, pays the settlement. The friendship is a reason to handle it well. It is not a reason to leave a child’s scar uncompensated.

Does HRM’s Dangerous Dog Designation Prove My Case?

It is strong evidence of the dog’s propensity and the owner’s knowledge. It is not the whole case. The negligence and the injuries still have to be proven.

I Was Bitten at Work by a Client’s Dog.

WCB Nova Scotia covers the injury, and a covered worker cannot sue the employer. The claim against the dog’s owner, a third party, still stands.

What If the Dog Had Never Bitten Anyone?

The owner is still liable in negligence for failing to control it, if that is what happened. Scienter is one route. It is not the only one.

Read the firm’s dog bite guide, which covers the common-law rules that apply in Nova Scotia too. Past results appear on the results page. Other claim types are listed 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 Halifax office opens the file. Contact the firm, or read what the firm can do.