What Happens If Your Dog Bites Someone in Nova Scotia?
You never expect it to happen. Not with your dog. Not the same one that curls up beside you on the couch or waits patiently by the door every morning. But dog bites do happen—even when the owner is responsible, even when the dog has never shown signs of aggression. When it does, the situation can feel chaotic, confusing, and deeply personal. So, what happens if your dog bites someone in Nova Scotia?
The short answer is: it depends. On where it happened. On what triggered the bite. On what the victim does next. But more than anything, it depends on how you respond. The legal consequences can range from manageable to severe, and knowing what to expect can help prevent panic, reduce liability, and protect everyone involved.
Let’s walk through it. The laws, the possible outcomes, the defences, and, maybe most importantly, the steps you need to take if it’s already happened.
Legal Framework Governing Dog Bites in Nova Scotia
Nova Scotia doesn’t have a single provincial statute governing dog bites in the same way some provinces do. That lack of uniformity might sound odd, but it means liability is usually determined based on general principles of civil law, primarily negligence or strict liability, and guided by local bylaws in specific municipalities.
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That said, the Municipal Government Act gives individual municipalities broad authority to regulate dogs, including how aggressive incidents are handled. Many cities, including Halifax, have their own dangerous dog bylaws, which can result in fines, mandatory training, or in severe cases, orders to euthanize the dog.
This patchwork of legal standards can make dog bite liability in Nova Scotia feel unpredictable. Similar incidents in different towns might result in very different outcomes. That’s why it’s so important to understand the legal theories used to determine fault.
How Is Fault Determined in Dog Bite Cases?
So, how do courts (or insurers) determine who’s at fault?
Two main legal approaches could apply, depending on the circumstances:
- Strict liability: The owner is held responsible simply because their dog caused harm.
- Negligence: The owner is only liable if they failed to take reasonable steps to prevent the bite.
Some cases fall squarely into one category. Others involve elements of both. And sometimes, well… neither side is entirely right or wrong.
Let’s take a closer look at what the courts are really looking for.
Owner Liability in Dog Bite Incidents
Strict liability doesn’t care if the owner “should have known.” If the dog bites, and you own the dog, you’re liable, regardless of whether the dog had a history of aggression. The idea here is simple: dogs can be unpredictable, and their owners are in the best position to prevent harm.
Negligence, on the other hand, requires proof that the owner failed to act responsibly. Did they let the dog run loose in a public park? Did they ignore clear signs of escalating aggression? Did they fail to use a leash where one was required?
Not every situation is black and white. A leash might snap unexpectedly. A child might grab the dog’s tail. Still, courts tend to look at whether the owner took reasonable steps to avoid harm, not whether they were perfect.
Circumstances Under Which an Owner May Be Held Liable
- Failure to control the dog: Was the dog off-leash when it should have been secured? Was it able to escape the yard or house easily?
- Prior knowledge of aggressive behaviour: Had the dog bitten before? Even if it hadn’t, were there warning signs—lunging, snarling, growling—that the owner chose to ignore?
- Violation of municipal bylaws: Each city or town may impose specific rules about leashing, muzzling, or containment. Breaching these rules, even accidentally, could make an owner liable if an injury results.
Liability isn’t just about being careless. It’s about what a reasonable person would have done. And that, by nature, is open to interpretation.
Steps to Take If Your Dog Bites Someone
It’s easy to freeze. To panic. To get defensive or emotional. But if your dog bites someone, what you do next could significantly affect both the legal process and the recovery for everyone involved.
1. Ensure the Victim Receives Medical Attention
Even if the bite seems minor, broken skin can lead to infections, and some injuries aren’t obvious right away. Offer first aid, encourage the person to seek professional medical care, and avoid minimizing the incident. This shows good faith, and it’s just the right thing to do.
2. Secure Your Dog to Prevent Further Incidents
Remove your dog from the situation immediately. Put them inside, on a leash, or in a kennel. Avoid yelling or punishing the dog in the moment—it can escalate fear or confusion—but do ensure they can’t hurt anyone else.
3. Report the Incident to Local Authorities
This part’s hard. But reporting is important. Many municipalities require dog bites to be reported, especially when there’s broken skin or if emergency medical care is involved. Animal Services or a local bylaw officer will likely investigate, and cooperating early can work in your favour later.
4. Cooperate with Investigations
Authorities may want to inspect the dog’s living conditions, review vaccination records, or interview witnesses. Answer questions honestly and respectfully. Refusing to participate can raise red flags—and you may not have a choice, legally speaking.
5. Consult with a Legal Professional
Every case is different. A personal injury lawyer who understands animal liability law in Nova Scotia can help you navigate the situation. Whether it’s negotiating with the owner’s lawyer or insurance company, or defending your rights in court, legal guidance matters.
Potential Legal Consequences for Dog Owners
The outcome after a dog bite varies a lot. For some owners, it might be a warning or a bylaw fine. For others, especially in serious cases, it could mean lawsuits, insurance claims, or even court orders.
It often depends on how bad the bite was, how the owner responded, and what the victim decides to do. If authorities or insurance companies get involved early, the stakes can rise quickly. Even owners with good intentions can face real legal consequences.
Civil Liability
In most cases, owners face a lawsuit from the person bitten. Damages could include:
- Medical expenses: Emergency visits, medications, rehab.
- Pain and suffering: Physical injuries including scarring, Emotional effects or lasting trauma.
- Lost income: Time off work or ongoing impacts.
Insurance may help cover these costs, but not always, especially if the dog had a history or bylaw rules were broken. When insurance doesn’t apply, the financial burden falls on the owner.
Criminal Charges in Severe Cases
In extreme situations, criminal charges are possible. This usually happens when an owner acts recklessly or intentionally puts someone at risk.
For example, a dog used as a weapon during a fight. Or an owner who ignored repeated warnings. While rare, these cases are serious, and penalties can include a criminal record or jail time.
Possible Court Orders
Even without criminal charges, courts or bylaw officers can impose conditions, such as:
- Behavioural training for the dog
- Required use of muzzles in public
- Fencing or secure containment
- In some cases, euthanasia
These outcomes are rare but real. Especially if the bite is severe or there’s a pattern of past incidents.
Preventative Measures for Dog Owners
Prevention is key. Many owners believe their dog would never bite—until it happens. Behaviour changes, unexpected stress, or unfamiliar environments can trigger even well-behaved pets.
Being proactive makes a difference. A little awareness can help avoid a lot of legal trouble.
Training and Socialization of Dogs
Early training and regular reinforcement can make dogs more predictable and safe. Commands like “stay” or “leave it” aren’t just convenient—they’re essential for safety.
Group classes or certified trainers are worth considering, especially for anxious or strong-willed dogs.
Use of Leashes and Muzzles When Necessary
Even calm dogs should be leashed unless in off-leash zones. If your dog has shown signs of reactivity, a muzzle adds a layer of protection for others and for you.
It’s not a sign of failure. It’s a sign you take responsibility seriously.
Regular Veterinary Check-Ups
Health issues can influence how a dog behaves. A dog in pain may lash out, even without warning. Regular check-ups can catch problems early before they lead to aggression.
Keep your vet updated on behaviour changes—even small ones matter.
Awareness of Your Dog’s Behaviour and Triggers
You know your dog best. If loud noises, kids, or other dogs stress them out, take note. Avoid situations that push their limits.
Pay attention to patterns. Behaviour often gives us clues—if we’re willing to look.
Defences Available to Dog Owners in Nova Scotia
Not every bite means automatic blame. There are defences under Nova Scotia law that might reduce or remove liability, depending on the facts.
Context matters. And sometimes, that context changes everything.
Provocation by the Victim
If the dog was provoked—through hitting, teasing, or other actions—it may impact the outcome. The courts don’t expect dogs to be perfect, especially when threatened.
But the response still needs to be proportionate. A minor provocation doesn’t justify a major injury.
Trespassing on Private Property
When someone is on your property illegally, the legal balance shifts. Owners still need to act reasonably, but courts may take trespassing into account.
Fences, signs, or locked gates can help support your defence.
Self-Defence Scenarios
Dogs may bite in defence of their owner. If there were a real threat, that reaction might be justified.
But proving it can be tricky. You’ll need clear evidence of what happened and why the dog reacted.
Importance of Evidence and Witness Statements
Every defence depends on proof. Take photos, gather witness accounts, and keep your dog’s health and training records up to date.
If an incident happens, document everything as soon as possible. Details fade, but good records hold up.
Contact Preszler Injury Lawyers for Legal Guidance
If you or a loved one have been the victim of a dog attack, it helps to talk to a lawyer who understands this area of law. At Preszler Injury Lawyers, we assist clients injured and seeking compensation. Legal situations involving pets are emotional. They’re deeply personal. We get that. But your response—and the legal advice you receive—can make all the difference.
If you’re unsure about what to do next, don’t wait.
Contact our team today for a confidential consultation.
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