Ontario’s top court has decided that a part-time dog walker who was bitten on the job cannot seek damages from her clients because, according to provincial law, she was considered the “owner” of the dog at the time of the incident.
Amanda Nigro was bitten while attempting to put booties on a boxer named Forrest Gump at her clients’ residence over four years ago. Despite suing the dog’s full-time owners, two courts have concluded that, under Ontario’s Dog Owners’ Liability Act (DOLA), she was deemed the legal “owner” of the dog during that moment. As a result, her lawsuit was dismissed as one cannot sue themselves.
The Ontario Court of Appeal decision stated, “There is no question that the appellant was an owner of Forrest for purposes of the DOLA.” The ruling emphasized that Nigro was the individual in control of the dog’s behavior at the crucial time.
The case revolved around the legal interpretation of “owner” under Ontario law, which extends liability for dog bites or attacks beyond the registered owner to anyone in possession of the pet at the time, including dog walkers, groomers, friends, and family.
Nigro’s lawyer and a seasoned animal law expert highlighted that the recent court ruling should serve as a warning to individuals caring for others’ pets in Ontario. The ruling implies that even brief caretaking responsibilities can lead to being treated as an owner and forfeiting the right to legal recourse.
Nigro commenced working as a part-time dog walker for Michael and Amanda Luciano, Forrest Gump’s owners, in November 2021. She had access to the couple’s house in Oshawa and walked the boxer about three times a week without prior issues of aggression.
In March, Amanda Luciano instructed Nigro to put booties on Forrest Gump due to an infected paw before walks in the snow. However, when Nigro attempted to put the booties on the dog for the first time on March 24, 2022, Forrest Gump attacked her, causing severe injuries.
Nigro filed a lawsuit seeking $1 million in damages against the Lucianos, who argued that they could not be held liable under DOLA as Nigro was in control of the dog during the incident.
The concept of “ownership” under DOLA had been previously tested in Ontario Superior Court, notably in a case where a woman was bitten by her boyfriend’s Great Dane while walking the dog. In Nigro’s case, her lawyer argued that she was following the Lucianos’ instructions when the incident occurred, but both the Superior Court and the appeal court rejected this argument.
The appellate court’s decision emphasized that the DOLA aims to promote accountability and responsibility in preventing dog bites and attacks, disregarding the location of the incident. Lawyer Victoria Shroff, specializing in animal law, underscored the significance of reviewing contracts for individuals working in the field in Ontario following the recent broad interpretation of the term “owner” in the law.
