Dog Attacks and Children

Dog bite injuries in Canada are a significant public health problem, and unfortunately, many are sustained by children. Dog attack injuries can be complex, both physically and psychologically, and in some cases, even fatal.

There are roughly 800,000 reported cases of dog attacks on people every year in North America, and about half of these cases involve children. These include dog attacks involving a family’s pet dog and dog attacks from unknown dogs. Other predominant factors concerning dog attacks are whether dogs are unrestrained, children’s unsupervised access to areas with restrained or unrestrained dogs, owned, known dogs, and residential location.

Our Hamilton, Ontario, dog bite lawyers can say that after practicing dog attack law for nearly 20 years, one thing is certain: any dog can bite – big or small, male or female, young or old. Even the cuddliest, fuzziest, sweetest pet can bite or attack a child if provoked. These bits can result in terrible physical and psychological damage to kids who are involved, not to mention the impact it has on their families. 

Why Are Kids Attacked by Dogs More Than Adults?

There are many reasons dogs bite children more than adults, on average. Based on our research and experience as dog bite lawyers, it’s often due to their smaller size and stature. The American Veterinary Medical Association tells us that children are the most common victims of dog bites and are far more likely to be severely injured. When dogs are competitive, territorial, or exhibit self-defence aggression, they aren’t typically inclined to be gentler just because one is a child. Some experts say that dogs don’t see “harmlessness” in children that are equal to or larger than them in size.

Common Reasons Dogs Attack and Bite

Dogs may attack and bite for a wide variety of reasons. It comes down to a combination of their environment, their training, and their instincts. Some of the most common reasons seen by our Hamilton dog bite lawyers include:

Territorial Aggression: Like other animals, dogs are naturally territorial and feel the need to protect. They may seek out a physical area—a front yard, a section of the park, a street corner—and consider it their own space or territory that must be guarded. A dog’s territory can also extend to its property, which is particularly relevant for pets who may have been provided with a dog house, chew toys, or bowls for food and water. 

Just as we would feel defensive if a stranger walked into our homes unannounced and uninvited, dogs can become agitated, anxious or angry if they detect a challenge to their territory. Dogs may attack kids who they feel are entering their territory or taking their possessions without being granted permission. A new friend visiting the home may be bitten or attacked by a dog who isn’t familiar with the child’s scent and is nervous because of the presence of a new human in his territory (the home).

Even kids within the household can be attacked by their own pet dog if they reach for the dog’s food while it is feeding and the dog interprets it as someone trying to steal the food. This type of territorial aggression is known as possession aggression or “resource guarding.” 

In most cases, territorial aggressive displays by dogs can range from growling and barking to lunging, chasing, snapping and biting. 

Unrestrained Dogs: Experts say that dog attacks are often unprovoked and frequently occur with a dog that is familiar to the child and also with unrestrained dogs. Unrestrained means off leash or harness, either on or off the property. Unrestrained and wandering dogs can be unpredictable—even if the dog is known to the child.

In Hamilton, under the Responsible Pet Ownership Bylaw the only places a dog can be off-leash are in someone’s backyard or private property such as a farm. It is an offence to let a dog roam without a leash; owners can be issued a hefty fine.

Shocks and Surprises: Just as a human would physically move or respond verbally when surprised, a dog can be provoked into attack when it is feeling anxious or surprised for any number of reasons: 

• Playing a prank on a dog 
• Loud thunderstorms and frightening-sounding weather (hail, hurricanes, etc)
• Fireworks, blaring music
• Household accidents (dropping a plate or objects crashing to the floor)
• Sudden noise and movement from children

These kinds of surprising situations can make a dog nervous and anxious, leading to an attack on a child who is the source of the shock or who happens to be in the area. Attacks due to shocks and surprises may have nothing to do with the child and may simply result from the dog feeling threatened or nervous. 

Loneliness and Separation: There is a lot of support, both from academic research and from pet owners’ testimony, that suggests dogs do form emotional attachments to their owners. Over time, there are clear signs that dogs express recognition and can express emotions like happiness, sadness, and excitement. 

As a result of this emotional formation, dogs who become “lonely” after being separated from their owners for extended periods can express their sadness and frustration by becoming more aggressive. A dog who is overly relieved to be reunited with the family may attack the children, and a confused dog who is upset at being separated from its owners can attack stranger children. 

Physical Contact: Dogs can be trained very early on by their owners to understand what is considered safe physical contact, such as a pet on the head or a rub on the side. Without this understanding and training, however, a dog can react negatively to the anticipation of being touched or when being touched. This is called “touch sensitivity”. When this happens, a dog may growl, snarl, flinch or show other defensive behaviours.

Physical discomfort: Dogs who are uncomfortable are more likely to attack kids and adults alike. This can include dogs who are sick and have internal discomfort, sleepy dogs, or dogs who are hungry and thirsty. Interacting or being around a dog when it is not comfortable can result in the dog lashing out and attacking someone if something happens to trigger a reaction.

Fear Aggression: Many, if not most dogs, bite out of fear aggression. Fear aggression is when either puppies or adult dogs react aggressively to frightening events. Fear aggression is often caused by poor socialization, such as a lack of appropriate or adequate exposure to children or other dogs and common experiences in their environment, such as loud noise, unfamiliar people, and other things like car rides. When made anxious by these unfamiliar things, they become increasingly fearful and, therefore, aggressive.

Fear aggression is a problem that can get worse over time. Owners may not fully recognize the early warning signs of fear aggression, and because of this, their dog’s behaviour can intensify if the “scary thing” or experience is still around. Punishing your dog with harsh physical or verbal reprimands doesn’t usually work and may worsen things. If dogs are punished for expressing more subtle signs, such as growling, the growling may stop – but in turn, escalate to a more serious behaviour, such as biting.

What dogs are the biggest threat, and who is at the most risk?

Studies throughout North America have shown year after year that pit bulls and rottweilers (who are mostly family dogs) are statistically noted to be the biggest threats to both adults and children.

One reported study has shown that from 2005 to 2019, family dogs inflicted 54% of all fatal attacks. Pit bulls inflicted 65%. Of the 346 fatal pit bull attacks during the period, 53% involved killing a family member.

In another 15 year long study, it was reported that pit bulls killed 380 Americans, a rate over 7 times higher than the next closest breed, rottweilers, with 51 deaths.

In 2020, it was reported that 79% of adults killed by dogs involved pit bulls (22 of 28). Of adult male deaths (≥ 25 years old), 92% were killed by pit bulls.

In another study, entitled “Dog-Bite Injuries to the Craniofacial Region: An Epidemiologic and Pattern-of-Injury Review at a Level 1 Trauma Center” reported 182 patients over a 10-year period from a Level 1 trauma center in the Southeast found that pit bulls inflicted more complex wounds compared with other dog breeds. The authors found that the probability of a bite resulting in a complex wound was over 4.4 times higher for pit bulls compared with the other top-biting breeds. The odds of an off-property attack by a pit bull were 2.7 times greater than any other breed.

In terms of who is at the most risk, younger children (under the age of 6) are among the most common victims of dog attacks. Triggering behaviour can include aggressively petting the dog, taking the dog’s toys or food, or attempting to climb on a dog unfamiliar with this action. Older children were more likely to be attacked by unfamiliar dogs that they encountered outside the home; researchers suspect that these attacks are usually a case of the dog feeling that they were invading the dog’s territory. 

According to the American Centers for Disease Control (CDC) in Atlanta, Ga., approximately 800,000 dog attacks each year require medical attention. This translates to 2,400 dog attacks daily, 100 each hour or one dog attack every 36 seconds across the USA. Even more terrifying is that more than 50 percent of all dog bite victims are children, with 70 percent of the children being under the age of 5 years.

Dog Attack Injuries

In our experience as dog attack lawyers in Hamilton, children attacked by dogs are mainly inflicted through biting, although smaller children can also experience other physical injuries. In one pubmed study entitled “Dog Bite Injuries in Children,” it was reported that the head and neck were involved in more than 67% of all dog attacks.

It was also noted that pit bulls caused 25% of bite injuries, and 66% of these victims required operative intervention. The study reported 44 procedures involving the head and neck, 21 involving extremities, and 6 involving other areas of the body. More importantly, all children 5 years of age and under had suffered head and neck injuries.

Puncture Wounds, Lacerations and Cuts: The “bite and rip” motion of a dog bite is extremely common during dog attacks. Puncture and lacerations can bleed profusely, Since many dog attacks on kids will result in injury around the face, cuts to the eyes can occur as well, which can cause eye injuries and issues with visions in the future. 

Puncture wounds and bites to the hand and forearm are extremely common in pediatric dog attacks because of children trying to defend themselves. Although bites are usually minor, aggressive dogs or larger may cause extensive bites on smaller kids which could result in extremely serious injuries including lacerations of the skin, muscle, and tendons as well as fractures, arterial and nerve injuries, and traumatic amputations of fingers.

Puncture wounds to the face, head and neck are also extremely common. In one very recent 2018 study in the Craniomaxillofacial Trauma Reconstruction Journal entitled “Dog Bite Injuries in the Head and Neck Region: A 20-Year Review” it was noted that out of all the dog bite victims studied from 1998 to 2018, most victims who sustained dog bite injuries in the head and neck region seem to be children, specifically toddlers.

They noted that due to their height, it is possible they are more prone to dog bite injuries in the head and neck region. The most common areas of serious injury were to the upper lip, lower lip, nose, cheek, chin, eyelids, forehead, scalp, neck, ear, and occipital regions.

Some of the most common injuries we’ve seen as Hamilton dog bite lawyers include:

Nerve damage: The cutting action of a dog bite can result in traumatic nerve damage around the area of the attack, particularly in the face, arms and leg areas. Nerves can be damaged by being crushed, stretched or severed. Traumatic nerve damage can cause a dog bite victim to experience pain, a burning sensation, paresthesia, tingling or in some cases, the total loss of sensation in the part of the body affected by the damaged nerve.

Internal injuries: A dog’s bite can cause serious internal injuries as it rips through a child’s body. Punctured lungs, torn internal organs, and internal bleeding can result from a dog’s attack and can require serious medical attention. 

• Broken bones: Although the dog’s sharp teeth and claws are worth paying close attention to, it cannot be understated how powerful a dog’s bite can be. Depending on the species, a dog’s bite can fracture or break a bone, particularly for children whose bones may not have fully formed and hardened. 
  
• Infection: Rabies vaccinations are required for pet owners, but it’s still important to ensure that your child hasn’t been infected with rabies in the case of a dog attack. Rabies can cause fever, headaches, and pain and can develop into much more serious symptoms, including hallucinations. Even if most dogs in Canada are presumed vaccinated against rabies, it’s very difficult to recover from rabies once symptoms begin to show. 

The Psychological and Mental Health Effects of Dog Attacks

A victim of a dog attack can be left shaken and scarred for life, both literally and figuratively. The extreme physical pain, connected with the vision of an animal rushing to attack, can result in several psychological effects, including:

Post-Traumatic Stress Disorder (PTSD): Violent dog attacks or mauling can put victims at risk of post-traumatic stress disorder, which is a stressful mental condition that has victims mentally replaying and reliving the attack constantly. PTSD can cause an inability to focus, trouble sleeping, and even strain on social relationships.

Symptoms of pediatric PTSD after a dog attack can manifest themselves into issues such as excessive anxiety, irritability, decreased school performance, sleep disturbance, reduced creativity, withdrawal, altered appetite, depression, physical complaints, pronounced startle responses, and behaviour problems.

Children may also become fearful when around other dogs or seeing other dogs from a distance or on television. They may also become nervous when leaving the house and experience separation anxiety or depressive symptoms. These are all foreseeable reactions to having been attacked, bitten or have witnessed a dog attack.

Situational Anxiety or Phobia: Children might feel anxious or unwilling to go to the area where the attack happened. They may express nervousness or even develop a phobia about being in areas where dogs or animals are present. This has the potential to extend to experiencing anxiety about seeing an image or impression of dogs. 

Preventing Dog Attacks: Best Practices to Teach Your Children

Dog attacks can happen at a moment’s notice, and parents may not always have time to intervene. The best way to prevent dog attacks is to teach your children how to behave around dogs. Our Hamilton dog attack lawyers recommend teaching your kids the following:

1. Ask for permission before petting a dog: Not only is this polite and good to practice in general, but a dog’s owner is the best judge of the dog’s current behaviour and condition and should know whether the dog is safe for an unknown child to pet. 
2. Teach children how to interact safely with dogs. Whether it’s the family dog or an unknown dog, children should be taught to gently pet a dog’s head, back, or sides. They should avoid sensitive areas like eyes and ears and should not be aggressive when petting and touching any animal. They should also be taught not to poke, hit, or grab a dog and not to pull its fur.
   
3. Teach kids to be careful around pets: For younger children, this can be as simple as advising them to avoid animals outside the house in general. For older children who have a natural fascination with animals, teaching them to recognize the signs of an aggressive or disturbed dog can help them understand when a dog might be safe to pet or play with and what sort of dog to avoid. 
   
4. Teach kids defensive tactics: If they are involved in a dog attack, teach kids what they should know to do, such as to move slowly, stay calm, don’t attack the dog, find defensive tools to use (like a bag or stick to protect yourself) and protect your face and head.

Dog Attack Laws in Ontario

Our Hamilton, Ontario dog bite and dog attack lawyers are extremely familiar with Ontario’s dog attack laws and how they apply to dog owners and injured dog attack victims. In Ontario, under a law called the Dog Owners’ Liability Act, dog owners are strictly liable for any damages resulting from a bite or attack by the dog. The law was introduced to protect victims of dog bites and attacks in Ontario.

Before the Dog Owners’ Liability Act, dog owners who had incidents of dog bites and attacks were charged and convicted of criminal negligence and criminal negligence causing bodily harm.

The Dog Owners’ Liability Act makes an owner strictly liable, whether in physical possession or control of a dog. In other words, the injured person does not need to prove the owner was negligent or knew of the dog’s propensity to bite.

When a lawsuit against a dog owner is commenced, the dog owner’s home insurance, if acquired, will generally respond to any dog bite claims made by an injured party.

Liability of Ontario Dog Owners

Liability, set out in s.2 of the Dog Owners’ Liability Act, states that the owner of a dog is liable for damage that results from a dog’s bite or attack on another person or domestic animal. Where there is more than one dog owner, the owners will be held jointly and severally liable.

According to the Dog Owners’ Liability Act, an owner includes a person who possesses or harbours the dog. If the owner is a minor, then the person responsible for the custody of the minor is also deemed an owner.

A dog owner is not necessarily defined as the person who technically owns the dog. The Ontario Court of Appeal discussed the definition of possession in Wilk v. Arbour,  and held that the term “owner” includes someone who is in physical possession and control of the dog immediately preceding an attack or bite.

If you have any questions about the liability of a dog attack your child was involved in, call our Ontario dog bit lawyers for more information. We are based in Hamilton, but we serve dog attack victims and their families all throughout Southern Ontario.

Duties of Ontario Dog Owners

The owner of a dog must exercise reasonable precautions to prevent the dog from biting or attacking a person or a domestic animal. The owner also must ensure the dog does not behave in a manner that would pose the animal as a menace to the safety of a person or other domestic animal (Dog Owners’ Liability Act, s. 5.1)

What is the “Pitbull” Law in Ontario?

Since 2005, Ontario has banned all pit bulls (including breeds that look like them). No one is allowed to own, breed, import, or train a pitbull.

The Dog Owners’ Liability Act does not call out or distinguish between different breeds of dogs, except for pit bulls. The courts apply stricter rules against pit bulls. A pit bull is defined in the Dog Owners’ Liability Act as:

• A pit bull terrier
• A Staffordshire bull terrier
• An American Staffordshire terrier
• An American pit bull terrier
• A dog that has an appearance and physical characteristics substantially similar to those of dogs referred to in any of the clauses above.

When it is alleged that a pit bull is involved in a case, the onus of proving that the dog was not a pit bull lies on the owner of the dog (Dog Owners’ Liability Act, s. 4(10)). The reason why the courts are stricter with cases involving pit bulls is because pit bulls are banned in accordance with the Dog Owners’ Liability Act.

Compensation in Dog Attack Cases

If you or a loved one has been attacked or bitten by a dog in Ontario, you must speak to our personal injury lawyers to learn your rights and what compensation you may be entitled to. The type of compensation in a dog attack case will vary from case to case, depending on the nature and extent of the injuries suffered by the victim.

Generally, however, like many other personal injury claims, a dog bite/attack victim can seek compensation for pain and suffering, the loss of ability to enjoy standard life amenities, and the personal inconvenience.

You can also claim special damages, like medical costs or a subrogated Ontario Health Insurance Plan (“OHIP”) claim (if you are hurt in Ontario and pursue a claim, you need to pay OHIP back for your medical care – this is part of your claim – for reimbursement) and out of pocket expenses such as medication. However, the amount awarded can drastically vary based on the facts of the case.

The range of compensation for a dog bite or attack will depend on the severity of the injury. For example, in a case called Moretto v. Nicolini-Femia, the Ontario Superior Court of Justice awarded the plaintiff $45,000 USD in general damages ($5,000 USD of which was for psychological injuries). The plaintiff had suffered a bite to her cheek, requiring sutures, a tetanus shot, and 2 years of steroid injection. She was also left with noticeable scarring on her face, resulting in self-esteem issues.

A victim’s parent can also claim past wage losses if he or she missed work as a direct result of the injuries to his or her child – as well as a range of out-of-pocket and other economic and non-economic compensation.

Have You or Your Loved one Suffered Injuries in a Dog Attack? Contact Our Hamilton Dog Bite Lawyers Today for a Free Consultation

Unfortunately, dog attacks on children continue to be a widespread event, despite the many rules and regulations established in Ontario to protect them.

In the experience of our Hamilton dog bite lawyers, dog bites to Ontario children remain common, and often serious or even lethal. Learning how to live in a community alongside dogs safely is the first step towards avoiding this sort of injury.

Still, dog owners are responsible for managing their dogs and ensuring that they do not attack people. If your child has been attacked and injured by a dog, contact Matt Lalande immediately to learn how to receive the financial compensation both your child and you deserve.

Our Hamilton dog bite lawyers have been representing dog attack victims since 2003, and are passionate about protecting people, particularly children from vicious animal attacks. Call us today no matter where you are in Ontario at 1-844-LALANDE or local in the Burlington/ Hamilton / Niagara areas at 905-333-8888 today. Alternatively, you can send us a private email through our website. We would be more than happy to help evaluate your case – for free – and answer ANY questions you may have.

https://www.avma.org/resources-tools/pet-owners/dog-bite-prevention
https://pubmed.ncbi.nlm.nih.gov/10484090/