Overview of Illinois Dog Bite Laws
In Illinois, the law governing dog bites is primarily defined by common law and the Illinois Animal Control Act (IAICA), with several statutes impacting specific facets of dog bite cases. Common law (the body of unwritten law based on previous court decisions) provides the underlying framework for how courts adjudicate dog bite claims.
The basic premise of Illinois dog bite law is that owners can be held liable for injuries or damages caused by their dog. The purpose of this system is to hold pet owners accountable for their dog’s actions and to provide victims a pathway to compensation. Pet owners in Illinois have a responsibility to ensure that their dog does not pose a threat to others , and they can be sued if their dog attacks.
Another goal of Illinois dog bite law is to promote public safety. By establishing liability for injuries caused by dogs, the law encourages pet owners to take measures to prevent their dogs from attacking or causing harm to others. This includes ensuring that pets are properly restrained in public places, that leashes and muzzles are used if necessary, and that owners remain vigilant to their animal’s behavior.
Strict Liability in Illinois
Essentially, the law of strict liability is no-fault. So if a dog bites someone, the mere fact that the dog was owned by someone — known as the owner — creates "strict liability" for that person. So does leasing the dog on behalf of another. Also, having regular custody and control over the dog or having a right of possession creates automatic liability. So does the failure to leash a dog if there are animal control provisions in that jurisdiction that require it, or confining a feral dog within your yard and therefore being responsible for its keeping. So generally speaking, these are the ways in which strict liability is imposed in dog bite incidents. It’s important for the victim of such an incident to consult with an experienced attorney. Perhaps there are significant defenses that the court may recognize, or the incident may not have occurred in the time and in the manner commonly recited.
Dog Bite Definition Under The Law
Dog bite is a term that is often understood by the general public, but when it comes to the law, accidents and health care benefits, it is essential that the meaning of the term is clear. Legal definitions of dog bite are often more inclusive than most people realize. An attack from an animal is not always what qualifies as a dog bite.
If a dog bites someone, it is known as a dog bite. However, an animal does not have to actually make contact with the individual to be considered a bite. For example, it may be possible to make a claim for damages if a dog jumps on a person and scares them, causing emotional distress, by definition. There may be other types of incidents, such as slip and fall if the victim falls as the dog runs toward them, that may be categorized as a dog bite.
A dog bite may occur when the dog is not acting aggressively. What is important is that the animal is acting in a way in which the plaintiff was not prepared.
The other point to remember is that Illinois does not limit liabilities to bites or attacks. In the case of a dog attack, it is possible to seek compensation for biting injuries. However, it is not necessary for the animal to cause a bite or visible scar that may be seen as more serious in order to collect damages.
Liability Exceptions in Illinois Dog Bite Cases
The owner of the dog can be held legally responsible if his or her dog gives another person a hard bite, causing injury to that person. What if you knew that the dog would bite, but did nothing about it? The law calls that "scienter" which means that the dog’s owner or landlord knew or should have known that the dog had a habit of some dangerous behavior.
However, there are also situations where an owner is not legally responsible for a dog bite. Some of the more common are as follows:
Exception One – Provocation to the Dog: If a dog is provoked in any way, the owner may not be legally responsible for the injuries. That is why it is very important to show how the dog walked into the area where he bit the person in the first place. Was the person giving treats to the dog and teasing the dog with them? Was the person playing with the dog by pulling on his tail? Did the person strike the dog in some way? If so, the dog was provoked and the owner may be off the hook where liability is concerned.
Exception Two – Trespassing on the Neighbor’s Property: A person who enters on to another person’s property without permission is considered to be "trespassing" on that other person’s property. This basically means you are not welcome on any property that does not belong to you. You are considered to be trespassing if you enter your neighbor’s porch without knocking and depriving him of the use of his porch. So, just like people think about "evil fences" that keep neighbors in and other neighbors out, if a person climbs over a fence and enters the property without permission (the same concept as "without knocking"), the owner of the dog is off the hook if the animal bites the trespasser. People cannot enter other people’s property without invitation and then claim those people are liable for their injuries. If the neighbor’s dog is vicious, he should sign an affidavit stating that he does not want people on his porch with or without their permission. Then, if someone goes onto the property without knocking and gets bitten, this will serve as proof that the person was trespassing, thus absolving the dog owner of any further responsibility for the injuries.
Exception Three – Working Dog or Military Dog: Basically, a dog is trained if he is a police dog or a military dog. A dog used at the airport who detects drugs can attack someone who comes close to him and is not actually an officer. However, these animals are trained to act aggressively toward the public, and if a person suffers an injury from a working dog, he cannot hold the dog owner, which is generally a city or that State, who owns the dog, liable.
Actions Following a Dog Bite
After a dog bite or attack, there are some important steps to take. First and foremost, tend to your injuries-do not put this off. If you have serious injuries, call 911 so that you can be seen medical professionals right away. If it’s not an emergency, you can go to the emergency room or your family doctor to have your injuries treated. In either case, it is extremely important that you not know the treatment of your injuries. Report the incident to local authorities. Report the incident to the dog’s owner, if possible. If the dog’s owner provides their information, make note of it. This could be the owners name, phone number, email address or their physical address. If you do not already know the owners, it is usually best to ask friendly, non-threatening questions of them. This will usually be best for you in the long run because they are legally more likely to give you their information if they think that you are being nice, rather than if they think that you are trying to blame them. Always take note of any witnesses to the incident, including their names and phone numbers. Even if you think that you have all the information, it is usually best to take note of it . If you can’t write it down right away, write it down as soon as you can. Write down what happened to you. Again, your mind tends to play tricks on you over time. Writing down what exactly happened to you as best as you can remember and as quickly as possible will serve you best. It doesn’t have to be a perfect report. However, it should have the following: Where exactly did the dog bite you? Were you at a friend’s house or were you walking down the street? How many times did the dog bite you? Were you accompanied by other people? If you were, note down their names and how they are associated with you. What actions were taken after the dog bite? Did the dog owner help you? Did the police respond? Did you need medical attention or hospitalization? Were there any pictures taken before or after the incident? What was the dog’s reaction after the incident? Were they friendly or aggressive? Did anybody encourage the dog to attack you? Afterwards, you may want to consider hiring a Chicago dog bite lawyer. A Chicago dog bite lawyer is helpful because the laws in Illinois are complicated, and they vary from case to case. It is usually beneficial to have someone looking out for your best interest, as well as to help you through the legal process.
Filing a Claim for a Dog Bite
The process for filing a legal claim for a dog bite injury in Illinois is relatively straightforward, but it’s important to understand the steps you need to take and how the timeline works in order to maximize your recovery. Much like any other injury claim, you’ll need to gather evidence documenting your injuries, expenses, and other damages.
Evidence is key because unless the injury is catastrophic (like an arm or leg being severed, which would speak for itself), the burden of proving your pain and suffering falls on you. Evidence will help to paint the picture of how the dog injury affected your life. Necessary and relevant evidence includes:
Once you’ve identified and collected potential evidence, you’ll want to document the evidence. In the case of photographs, you’ll want to print them out and avoid losing them on your cell phone. Also, remember to write a description of the photo on the back of the photograph, which should include: location, time, date, and what the photograph depicts. Similarly, in the case of videos, you’ll want to make multiple copies, and you should document the time, date, and what is depicted in each video. If you’ve made medical expenses and have trouble recalling the specific dates when they occurred, you can typically call your doctor’s office and ask for a copy of your medical bills.
Now, let’s look at how the statute of limitations affects the timeline of a dog injury claim. In most cases, the statute of limitations for dog bite claims in Illinois is two years. That means the law either prohibits or limits your ability to seek legal recourse two years after the dog bite occurs.
Six exceptions to the statute of limitations are:
While it may be tempting to wait two or three years to see if your dog injury is getting better or if you need more treatment, it’s in your best interest to file a claim as soon as possible.
The main reason is the simple fact that evidence is the key to the claim. Over time, video footage can get overwritten, witness’ memories can fade, and even medical records can become inaccessible. So, even though the statute of limitations for dog bite claims is two years, you should file a claim as soon as you’re able to maximize the chance of obtaining the compensation you deserve.
The Pursuit of Damages for Dog Bite Victims
In Illinois, a person injured by a dog bite may be entitled to a variety of damages. These damages include the following:
Medical expenses – these are the costs of treating the dog bite injury itself as well as any other injuries the dog bite victim sustains while trying to escape from the dog or while undergoing any necessary surgery.
Lost wages – these are the wages the dog bite victim misses at work while he or she is recovering from the injury.
Pain and suffering – this represents the physical and mental pain that a dog bite victim endures from the moment of injury through the completion of treatment and any rehabilitation necessary to recover from the injuries.
Dogs can be dangerous, and a dog bite can lead to serious injuries. Because these injuries can be permanent and costly, it is important for you to understand the laws that protect you if you become a dog bite victim.
Don’t Do it Alone: Hire a Dog Bite Attorney
Attaining legal representation in a dog bite case is crucial in order to ensure that you maximize your compensation from the injury. It is important to note that Illinois courts have limited how much compensation someone can receive due to their dog injury, or the injuries caused by their pet.
It can be difficult to pursue a lawsuit in a dog injury case, especially when the owner of the dog is unwilling to admit fault. The dog owner may claim that the injured party provoked the animal into biting them, through acts of aggression or other unwise behavior. When this allegation is made, it can be very challenging to prove the fault of the dog and owner.
In order to seek damages due to your dog bite injury , you need to hire a qualified personal injury lawyer who has experience in handling dog injury cases. Your attorney can help you work through your case in a way that will protect your interest. An experienced dog injury lawyer can also help prove a dog owner’s negligence and secure the compensation that you deserve.
An attorney will represent you in your claim for damages. Your lawyer will file your claim and make arguments to the court that the defendant should be held responsible for your injuries. Legal representation is essential in order to present your evidence effectively to the judge or jurors, so they will award you the proper compensation.