When Your Dog Bites Someone: Who Is Liable
In Ontario, an owner is liable for a bite even without fault. In England and Wales, the test is narrower. What each law says, and what it doesn't cover.
Written by thecanineledger
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Ontario’s law is blunt: “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.” (Dog Owners’ Liability Act, R.S.O. 1990, c. D.16, section 2(1)).
While that sounds simple, the rules differ a great deal from place to place. England and Wales use a much narrower test. This page sets out what the two laws say. It isn’t legal advice, and it doesn’t cover the rest of Canada, Scotland, Northern Ireland or the US.
Our note: This page covers Ontario and England and Wales only. It isn’t legal advice.
1. Ontario: liability without fault
No need to prove the owner knew. “The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner”. This is often called strict liability.
But damages can be cut. The same section goes on: “the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages.” The plaintiff is the person who sues.
Who counts as an owner. The Act says “owner” includes “a person who possesses or harbours the dog and, where the owner is a minor, the person responsible for the custody of the minor”. And where a dog has more than one owner, “they are jointly and severally liable”.
Bites on your own property. “Where damage is caused by being bitten or attacked by a dog on the premises of the owner, the liability of the owner is determined under this Act and not under the Occupiers’ Liability Act.”
Someone committing a crime. An owner isn’t liable to a person on the premises to commit a criminal act, “unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of persons or property.”
Fines. The Act also creates offences. An individual can face “a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or both.” Amounts are in Canadian dollars (CAD), as read on 4 November 2026.
Our note: We read the consolidated Act from the Ontario government’s site. Home insurance may also be relevant.
→ Breed Bans: What the Laws Say, and Whether They Reduce Bites
2. England and Wales: a narrower test
The Animals Act 1971. For an animal that isn’t a “dangerous species”, a keeper is liable only if three things are all true (Animals Act 1971, section 2(2)). In short:
- the damage is “of a kind which the animal, unless restrained, was likely to cause or which, if caused by the animal, was likely to be severe”;
- that likelihood was “due to characteristics of the animal which are not normally found in animals of the same species or are not normally so found except at particular times or in particular circumstances”; and
- “those characteristics were known to that keeper”, or to certain others in charge of the animal.
Defences. “A person is not liable under sections 2 to 4A of this Act for any damage which is due wholly to the fault of the person suffering it.” And “A person is not liable under section 2 of this Act for any damage suffered by a person who has voluntarily accepted the risk thereof.” (section 5).
Trespassers. There’s a separate defence for an animal kept on premises, where the person hurt was trespassing.
Criminal law is separate. This Act deals with paying damages. Other laws deal with dogs dangerously out of control. We haven’t covered them here.
Our note: The courts have interpreted the three-part test. Our summary is simplified, and other claims may also be possible.
3. What to think about
- The law where you live matters most. The two laws on this page work very differently.
- Write down what happened soon after a bite, while you remember it.
- Get legal advice if someone makes a claim against you, or you want to make one.
Our note: These points are ours.
→ Your Dog, Your Rights, and Other People’s Rules · → Dog Bites and Children: Who Gets Bitten, and What Prevention Can’t Yet Promise
4. What we could not verify
| Commonly said | What we found |
|---|---|
| “Every dog gets one free bite” | Not in Ontario. Liability doesn’t depend on the owner knowing about the dog’s tendencies. |
| “In the UK, the owner is always liable” | No, in England and Wales. The Animals Act test has three parts, and there are defences. |
| “If they were on my property, I’m not liable” | Not in Ontario, except for people there to commit a crime, and even then not always. |
| “The victim’s own behaviour doesn’t matter” | It can. Ontario courts must reduce damages for the victim’s own fault. |
| “The same rules apply across Canada” | Not checked. We read only Ontario’s Act. |
Sources
- Dog Owners’ Liability Act, R.S.O. 1990, c. D.16. Government of Ontario, e-Laws, consolidation period from 6 June 2024. ⚠️ not peer-reviewed. Statute. Read from the e-Laws Word download on 4 November 2026
- Animals Act 1971, sections 2 and 5. legislation.gov.uk. ⚠️ not peer-reviewed. Statute, extent England and Wales
Always confirm with your vet before acting on anything on this page.