CHICAGO, IL – Dog bites can be traumatic, both physically and emotionally, and when they happen, understanding your legal rights is essential. In Illinois, the law offers specific protections to individuals who are bitten or attacked by dogs, and if you are a Chicago resident dealing with the aftermath of a dog bite, it’s important to know your rights and the legal steps to take.
Illinois Strict Liability Law for Dog Bites
Illinois follows a strict liability rule when it comes to dog bites. This means that the owner of a dog can be held liable for injuries their dog causes, regardless of whether the dog has a history of aggression or has bitten someone before. Unlike some other states that require a dog to have previously shown dangerous behavior (commonly referred to as the “one-bite” rule), Illinois law does not require proof of prior incidents.
Under the Illinois Animal Control Act (510 ILCS 5/16), the victim of a dog bite must prove the following:
- The defendant owned the dog.
- The dog attacked, attempted to attack, or injured the victim.
- The victim was lawfully in a location when the incident occurred.
- The victim did not provoke the dog.
If these elements are met, the dog owner is generally liable for the victim’s injuries, which may include medical bills, lost wages, pain and suffering, and other damages.
Who Can Be Held Liable?
In Illinois, the owner of the dog is primarily responsible for the animal’s behavior. However, in certain situations, other parties may also be liable. For example, if someone is temporarily caring for the dog, such as a dog sitter, they may also face liability if the dog bites someone while under their supervision.
It’s also worth noting that landlords or property owners can sometimes be held responsible if they knew about a dangerous dog on the premises and did nothing to prevent the attack. This can become relevant if a tenant’s dog bites someone in a common area of an apartment building, for example.
Provocation and Trespassing as Defenses
While Illinois law is favorable to dog bite victims, there are a couple of defenses that dog owners may use to avoid liability. The most common defenses include:
Provocation: If the victim provoked the dog, the owner may not be held liable. Provocation can include physical actions such as hitting or teasing the dog, but it can also be broader and may include behaviors that make the dog feel threatened or endangered.
Trespassing: Illinois law only protects individuals who are lawfully on the property where the bite occurred. If the victim was trespassing at the time of the attack, the dog owner may not be liable. Lawful presence generally includes being invited onto the property or having a legal reason to be there, such as delivering mail.
What to Do After a Dog Bite in Chicago
If you’ve been bitten by a dog in Chicago, taking the right steps immediately after the incident can help protect your legal rights and strengthen your case.
Even if the injury seems minor, dog bites can lead to infections and other complications. It’s essential to see a doctor as soon as possible. Next, the dog bite should be reported to Chicago’s Animal Care and Control department to document the incident and ensures the dog is properly quarantined to check for rabies.
After seeking medical attention, you should collect the dog owner’s name, contact information and any details about the dog’s history, such as vaccination records. If there were witnesses to the attack, gather their contact information, too. Take photos of your injuries and keep records of any medical treatment you receive as this will be important if you decide to pursue legal action.
Navigating a dog bite claim can be complex, especially when dealing with insurance companies or uncooperative dog owners. Our experienced personal injury attorney‘s can help you understand your rights, gather evidence and pursue compensation for your injuries.
Time Limits for Filing a Claim
In Illinois, the statute of limitations for filing a personal injury claim, including dog bites, is generally two years from the date of the injury. It’s crucial to act promptly, as missing this deadline could prevent you from seeking compensation.
Contact the Dinizulu Law Group in Chicago, Illinois
Dog bites can lead to serious injuries, but Illinois law provides strong protections for victims. If you’ve been bitten by a dog in Chicago, you have the right to seek compensation for your injuries. By understanding the state’s strict liability rules, taking immediate action, and consulting with a personal injury attorney, you can ensure your legal rights are protected and pursue the compensation you deserve. If you need assistance, contact the Dinizulu Law Group today at (312) 384-1920 for a free consultation or fill out this form and our team will contact you.
