- Personal Injury
- Injured While Caring for Someone Else’s Dog?
If a dog bites or attacks a caregiver, can the dog’s legal owner be held responsible for the injuries?
Under the Dog Owners’ Liability Act, the right to bring a claim depends largely on whether the injured person is considered an “owner” of the dog at the time of the incident. An owner can be anyone with custody or control over the animal, even temporarily.
Dog walking, pet sitting, and boarding kennels have become indispensable services for pet owners across Ontario. As people increasingly rely on third parties to care for their dogs while at work or away, the pet care industry has grown rapidly, and so have the legal questions that accompany it. One of the more complex issues arises when a dog injures someone who is not a stranger, but rather someone hired to care for the animal: a dog walker, kennel worker, or pet sitter.
If a dog bites or attacks a professional caregiver, can the dog’s legal owner be held responsible for the injuries? The answer is not always straightforward.
While Ontario’s Dog Owners’ Liability Act imposes strict liability on owners for injuries caused by their dogs, the application of that liability can be limited in situations involving individuals who voluntarily assume the risk of working closely with animals.
Understanding the legal landscape — and the limitations of liability under Ontario law — is essential for anyone in the business of animal care who suffers an injury while on the job.
Understanding the Dog Owners’ Liability Act (DOLA)
The Ontario’s Dog Owners’ Liability Act (R.S.O. 1990, c. D.16) imposes strict liability on dog owners for injuries or damages caused by their dogs. In simple terms, this means that if a dog bites or attacks someone, the owner is legally responsible — even if the dog had never shown signs of aggression before, and even if the owner did nothing wrong. There is no need to prove negligence or fault.
But the law contains a crucial nuance that often surprises people: it defines the term “owner” more broadly than most would expect. Under the Act, an “owner” includes not only the legal or registered owner of the dog, but also any person who “possesses or harbours” the dog. This extended definition can have significant legal implications.
For example, if you are walking, boarding, or caring for someone else’s dog at the time of an incident, such as a bite or attack, you may, under the law, be treated as an owner yourself.
The Key Case: Wilk v. Arbour (2017 ONCA 21)
In the case of Wilk v. Arbour, the Ontario Court of Appeal provided a significant interpretation of the term “owner” under the Dog Owners’ Liability Act (DOLA). The court clarified that “owner” encompasses not only the legal owner but also any individual who possesses or harbours the dog.
Specifically, the court emphasized that a person who has physical possession and control of a dog immediately before an incident can be considered an “owner” under the Act. This interpretation means that individuals such as dog walkers, pet sitters, or kennel workers, who temporarily care for a dog, may be deemed owners at the time of an incident and thus may not be entitled to sue the legal owner for injuries caused by the dog.
The court’s decision underscores the importance of understanding the broad definition of “owner” in the context of the DOLA and the implications it has for those who assume temporary care of dogs.
Matt and his team helped my son who was viciously attacked by a German Sheappard a few years ago. My son suffered very severe facial and shoulder injuries – and psychologically, has never been the same. Thank you Matt, and your team, for taking care of our case. – Veronica Chow.
So, Can You Sue?
Although it’s best to consult our Hamilton Personal Injury Lawyers, the right to bring a claim depends largely on whether the injured person is considered an “owner” of the dog at the time of the incident. As clarified in Wilk v. Arbour, this includes not only the legal owner but also anyone who possesses or harbours the dog — meaning anyone who has custody or control over the animal, even temporarily.
✅ Who might have a valid claim under DOLA:
- A pedestrian bitten by an off-leash dog in a park. They had no involvement with the dog, so they are clearly not an “owner.”
- A delivery driver attacked by a dog at a private residence. The driver was on the property lawfully and had no responsibility for the dog.
- A child visiting a friend’s house who is bitten by the family dog. The child was not harbouring or controlling the dog in any way.
❌ Who might not have a valid claim under DOLA:
- A professional dog walker bitten during a routine walk. The courts may view them as having “possessed” or “harboured” the dog at the time of the bite, making them a co-owner in the eyes of the law.
- A kennel employee injured while feeding or caring for a boarded dog. Since they are in control of the dog and responsible for its care, they may be legally classified as an owner.
- A friend or neighbour watching someone’s dog while they are away. If they assume care and control of the dog — feeding it, letting it outside, or walking it — they may not be able to sue under the Act if bitten.
The key question is control and custody. If you’re injured by a dog you have no control over, you may have a strong claim. If you’re caring for the dog — even briefly — the law may treat you as partly responsible, which can bar or complicate your claim under the strict liability provisions of DOLA.
Have you been attacked or bitten by a Dog?
If you’ve been injured in a dog attack — whether while walking in your neighbourhood, visiting someone’s property, or even while working in a pet care role — it’s important to understand your legal rights. While Ontario law does offer protections to dog bite victims, determining liability can become complicated, especially in cases where the injured person had temporary custody or control over the animal.
Our Hamilton dog attack lawyers have represented victims of serious dog attacks throughout Hamilton and across Ontario since 2003. We understand how deeply these incidents can affect your life — not just physically, but emotionally and financially as well. From scarring and nerve injuries to post-traumatic stress and lost income, the consequences of a dog bite can be lasting and life-altering.
As trusted Hamilton dog attack lawyers, we’re here to help you move forward with confidence. We offer free, no-obligation consultations and never charge upfront legal fees — we don’t get paid unless we recover compensation for you. With over $65 million recovered for injured clients, we have the experience, dedication, and compassion to help you pursue the justice you deserve.
If you or a loved one has been bitten or attacked by a dog, don’t hesitate to reach out. Call us today at 905-333-8888 or visit Injured.ca to schedule your consultation. We’re here when you need us most.