Dog Bites going into legal matters! Need Help?

[gnomies8822]

I'm suing "person A" because she lost control of her dog on leash then got loose and trespassed on private property and mauled my dog who was tied to a tree while I was in the working nearby. During recovery my dog died. I looking for compensation for all medical bills etc. Court is taking place in Canada and looking to get around or prove the following: Doctrine of Scienter; plaintiff (me!) has to establish i) that the defendant was the owner of the dog; ii) that the dog had manifested a propensity to cause the type of harm occasioned; and iii) that the owner KNEW of that propensity. For Negligence, I have to establish that the owner of their dog foresaw the risk that their dog would do such harm. While I certainly believe that the dog owner should be liable and have to control their dog, I'm having a hard time proving the above. Canadian precedents would be helpful. Also, we have leash laws too!

[marci452]

I would contact a lawyer who deals with animal cases. Contact some shelters or local purebred dog clubs for names.

I would get the owner's address and ask all the neighbors if they have ever seen the dog behave in a threatening way and get their statements and names. Check for several blocks, because if neighbors walk they dogs by the house they might see aggressive behaviors.

Check with your local animal control to see if they have had any complaints. Try to check back several years. If they moved in recently try to find old addresses and check there too.

Good luck and I hope you win

EDIT
People read what he said. He was working nearby. The dog was not unattended. And with a leash law, the person whose dog is running loose is at fault.

[May Domainee]

Another reason people should not tether or chain their dog's on their property. They can't run away from predators...

i) wasn't the owner at the scene of the crime? are they DENYING it ever happened?!?!?!
take a photo (or video) of the defendant with their dog together (walking) or in their backyard. does that dog have a micro chip (would claim who the owner is)? or did the dog get sent to the pound and the owner have to pay for it's bail? is the dog licensed with the city under the owners name? does your local vet deal with Person A and their dog?

ii) it's very hard to prove that the dog was vicious to other dogs. have you witnessed this dog lunging at other dogs when it's been on previous walks? could you get a neighbor as a witness who has seen the defendant's dog lunge at other dogs before, to come testify with you?
also have your vet write or give you documentation that your dog died from dog bites and loss of blood. have him describe the size of dog the bites look like they came from, or that the defendant's breed is a possibility.

iii) real hard to prove. does the owner have a muzzle for their dog? does the owner have a "beware of dog" sign? (take photo or video of it)

an added note: does the owner of that dog keep their dog on a chain as well (-_-)? chained dogs can suffer from huge mental and physical frustration. their pray drive runs on overtime and all they do is dwell on the passers by and bark and lunge trying to get at everything that moves. then once taken out for a walk they are still in pray drive and that much closer to the pray...

goodluck in your case...

[thatguy]

I wasn't going to answer this question... however i read a few answers and i had to comment on one.

Wow... "hellosunshine_hb" you are an idiot. I couldn't help but laugh to myself at how childish and stupid your answer was. How dare you pass judgement like that. What the he// are you talking about? When someone, or should i say someone responsible, has their dog outside with them they either a) has them tied up, or b) has them behind a fence. Go hug a tree you douche. Let me guess, i bet you don't have kids... just 13 cats and 6 dogs huh? Oh, and love the capitals... really conveys your point. Grow up.

And to answer the question at hand... if contacting a lawyer is too expensive than talk to the dog owner's neighbors, mailmen etc and see if you can get any evidence that links the dog and suspicious/vicious behaviour. Sounds like you need to prove that he knew his dog was agressive. Maybe you could just contact a lawyer over phone and ask real quick their advice on how to obtain the right kind of evidence. You could say your doing a report for school or something... just so they'll do it for free.