Winning a dog bite case in BC depends on one thing above all else: evidence. To hold a dog owner legally responsible for sustained injuries, victims must have evidence that proves what happened, how the attack occurred, and how a dog owner failed to take reasonable steps to prevent the incident.
Dog bite cases often revolve around the “one-bite rule,” which says that an owner is liable for damages if they own a dog with a history of aggression. Demonstrating that an owner knew of, or should have reasonably known of, their dog’s behaviour can also make a significant difference in your cases. After victims see their immediate medical needs met, the information collected in the hours and days following the attack can strengthen a case and improve chances of receiving fair compensation.
How to Win a Dog Bite Case
The strength of a dog bite claim is built in the hours, days, and weeks after the incident. A lot of evidence and information can be collected before a lawyer even gets involved, so it’s important to know what evidence you can collect immediately.
Take Photographs
Clear, detailed photographs are some of the most persuasive evidence in a dog bite case. Photos help create a picture of what happened, how severe the injuries are, and whether the dog was properly restrained.
As soon as you are safely able to, start documenting injuries. Take close-up photos from multiple angles with good lighting so swelling, puncture wounds, bruising, torn skin, and other symptoms are visible. Even more minor injuries like scratches and bruises should be documented, as all sustained wounds show the dog’s full extent of attack.
It’s also important to capture photos of the surroundings, including the dog, its owner, and the area where the attack occurred. Whether the dog was off-leash, inadequately confined, or able to escape from a yard or home all help prove negligence. If victims are unable to take pictures, asking a companion or bystander to help can drastically improve case outcomes.
Record Video
Videos are another strong evidence source because they show exactly how events unfolded. If available, video can reveal the dog’s behaviour before the attack, how the owner was handling (or failing to handle) the animal, and the force and severity of the bite itself.
If any bystanders filmed the incident or the moments right after, ask if they are willing to share the footage. Mobile phone videos often capture important details such as barking, growling, the dog being off-leash, or an owner ignoring warnings or struggling to restrain their dog. It’s also important to check whether nearby homes, businesses, or public buildings have security cameras facing the area where the attack occurred. Lawyers can assist with securing this evidence.
Collect Witness Statements
Witnesses are integral to a strong dog bite case. Eyewitness accounts help confirm events and establish the circumstances surrounding the attack and the dog owner’s level of responsibility. Bystanders, neighbors, or even workers in the area who are neutral to a case can hold strong weight to a claim because they do not have a personal stake in the outcome.
If witnesses were present for the attack or the events leading up to it, ask them for their name and contact information. Also ask them to describe the dog’s behaviour before and during the attack, and the owner’s actions or inactions.
Provide Medical Records
Detailed medical documentation is key to showing how severe injuries are and how much those injuries impacted your life. Medical records not only show the immediate effects of a bite but also help establish long-term consequences such as chronic pain, disability, or limitations on your ability to work. They are also crucial for calculating compensation, including medical expenses, ongoing care, lost income, and pain and suffering.
- Relevant medical evidence includes:
- Emergency room or clinic notes
- X-rays, blood work, and other diagnostic tests
- Treatment plans and progress notes from doctors and specialists
- Referrals to physical therapy or rehabilitation
- Documentation of scarring, disfigurement, or long-term complications
The more comprehensive and organized your medical documentation is, the stronger your case will be when negotiating with insurers or presenting it in court.
Obtain Animal Control Records
Local SPCA offices and municipal animal control services maintain reports detailing dog attacks, complaints, and ownership information. If a dog has a history of aggressive behavior, these records will indicate if the “one-bite rule” applies. These documents can also confirm ownership, link the dog to the defendant, and show whether authorities investigated or flagged the animal as a risk.
It is legally required in BC to report incidents to a local animal control office. The report should include victim contact information, the date and location of the attack, and a description of both the dog and the circumstances.
Document Lost Wages
Proving lost wages shows how a dog bite affected your ability to earn income. It’s firsthand proof of the negative financial impact of your injuries and provides more insight into the full extent of your damages. Some documents to have handy include:
- Recent pay stubs or direct deposit records
- Tax returns
- Employment contracts outlining salary or hours
- Written confirmation from an employer about missed shifts, reduced pay, or time off for medical appointments
If your injuries limit your ability to perform your job or require long-term treatment, medical and employment records can help show future lost earnings or reduced earning capacity. These losses are considered when calculating fair compensation, especially when a dog bite leads to ongoing pain, restricted movement, or lasting complications.
Build a Dog Bite Case with Stephens & Holman
Winning a dog bite case often comes down to how well the facts are documented and presented. While gathering evidence early can make a meaningful difference, you don’t have to take on the legal process alone. The lawyers at Stephens & Holman understand how to build persuasive cases and pursue the compensation dog bite victims deserve. Contact Stephens & Holman for a free consultation and get the support you need to move forward.