Dog bite injuries can have lasting physical, emotional, and financial consequences. Contact us today for a free consultation to discuss your case.
Dog bite injuries can be traumatic and life-altering, leaving victims with physical, emotional, and financial burdens. Illinois law provides specific protections and remedies for individuals who suffer from dog bites or other animal attacks.
At Schierer & Ritchie, LLC, we are committed to helping victims of dog bite injuries navigate the legal process and achieve justice. Contact us today for a free consultation to discuss your case.
Illinois Dog Bite Laws
In Illinois, dog bite cases are primarily governed by the Illinois Animal Control Act. This law establishes liability for dog owners when they injure another person, provided specific conditions are met.
Strict Liability Rule
Illinois is a strict liability state for dog bite cases. This means that a dog owner can be held responsible for injuries caused by their dog, even if the dog has no prior history of aggression or biting.
Under the Illinois Animal Control Act, the victim must prove:
- The dog attacked, attempted to attack, or injured the victim.
- The victim was lawfully in the location where the incident occurred.
- Examples include public spaces or private property with permission.
- The victim did not provoke the dog.
- Bullying, hitting, or taunting the dog may constitute provocation.
The dog owner is typically liable for the victim’s injuries if these conditions are met.
Legal Responsibilities of Dog Owners in Illinois
Illinois dog owners have several responsibilities to prevent their animals from causing harm.
- Leash Laws and Containment
- Most Illinois municipalities require dogs to be restrained by a leash or confined within the owner’s property.
- Violations of leash laws may strengthen a victim’s case for liability.
- Liability for Negligence
- In addition to strict liability under the Animal Control Act, dog owners may also be held liable for negligence if:
- They fail to secure the dog properly.
- They allow a known dangerous dog to roam freely.
- In addition to strict liability under the Animal Control Act, dog owners may also be held liable for negligence if:
- Dangerous Dog Designation
- If a dog has previously exhibited dangerous behavior, Illinois law may classify it as a “dangerous dog” or “vicious dog.” Owners of such dogs are subject to additional restrictions, such as mandatory muzzling or confinement.
Steps to Take After a Dog Bite in Illinois
If you or a loved one is bitten by a dog, taking the right steps can protect your health and strengthen your legal claim.
- Seek Immediate Medical Attention
- Dog bites can cause infections, scarring, or serious injuries. Prompt medical care is essential.
- Keep detailed records of your treatment, including bills and medical reports.
- Identify the Dog and Owner
- Obtain the name, address, and contact information of the dog owner.
- Confirm whether the dog has been vaccinated, especially for rabies.
- Document the Incident
- Take photographs of your injuries, the scene, and the dog (if possible).
- Gather contact information from any witnesses who saw the attack.
- Report the Bite
- Report the incident to local animal control authorities or the police. This creates an official record of the attack.
- Consult an Experienced Attorney
- A lawyer can help you navigate the complexities of Illinois dog bite laws and pursue compensation.
Compensation for Dog Bite Injuries
In Illinois, victims of dog bite injuries may be entitled to several types of compensation, depending on the injuries’ severity and the case’s circumstances.
- Medical Expenses
- Treatment costs, including emergency care, surgeries, and rehabilitation.
- Lost Wages
- Compensation for time missed at work due to the injury or recovery.
- Pain and Suffering
- Damages for physical pain, emotional trauma, and psychological distress.
- Permanent Scarring or Disfigurement
- Compensation for long-term physical or emotional impact caused by visible injuries.
- Property Damage
- Reimbursement for damaged personal property, such as clothing or eyeglasses.
- Punitive Damages
- In cases where the dog owner acted with gross negligence or willful misconduct, punitive damages may be awarded to deter future behavior.
Defenses Dog Owners May Use
Dog owners may attempt to dispute liability by using one or more of the following defenses:
- Provocation
- Claiming the victim provoked the dog into attacking.
- Trespassing
- Arguing that the victim was unlawfully on the property when the attack occurred.
- Comparative Fault
- Illinois follows a modified comparative negligence rule. If the victim is partially at fault (e.g., provoking the dog), their compensation may be reduced proportionally.
Statute of Limitations for Dog Bite Cases in Illinois
Victims of dog bite injuries in Illinois have two years from the date of the incident to file a personal injury lawsuit. Failing to meet this deadline may result in losing the right to seek compensation.
Preventing Dog Bite Incidents
Both dog owners and the public can take steps to prevent dog bite incidents:
For Dog Owners:
- Train and socialize dogs from a young age.
- Keep dogs leashed or confined at all times.
- Monitor interactions between dogs and children or strangers.
For the Public:
- Avoid approaching unfamiliar dogs without the owner’s permission.
- Refrain from sudden movements or loud noises around dogs.
- Teach children how to interact safely with pets.
FAQs About Dog Bite Cases in Illinois
Can a dog bite claim be filed if the dog didn’t actually bite me?
Yes. Illinois law covers injuries caused by a dog’s behavior, such as being knocked down or injured during an attempted attack.
What if the dog owner doesn’t have insurance?
You can still file a lawsuit against the owner to recover damages, though collecting compensation may be more challenging.
Can a child who gets a dog bite seek compensation?
Yes. Parents or legal guardians can file a claim on behalf of a minor child.
Contact Schierer & Ritchie, LLC Today
Dog bite injuries can have lasting physical, emotional, and financial consequences. Fortunately, Illinois law provides strong protections for victims, ensuring that negligent dog owners are held accountable. If you or a loved one has suffered a dog bite, understanding your legal rights and taking the appropriate steps can help secure the compensation you deserve.
At Schierer & Ritchie, LLC, we are committed to helping victims of dog bite injuries navigate the legal process and achieve justice. Contact us today for a free consultation to discuss your case.