CHICAGO, IL – In Illinois, up to 30% of households have dogs in them which is around 2.3 million dogs in the state (AnimalPatient.com). Irrespective of that, Illinois has the second-highest number of dog bites in the country and the highest dog bite payout in the nation (Chicago Tribune). It’s critical to take certain steps if you or your loved one finds themselves in this situation.
Most Dangerous Dog Breeds
Some dogs are more prone to aggressive behavior. A 16-year analysis conducted by Dogbites.org has found the following dog breeds responsible for the following number of dog bite fatalities in the United States:
- Pitbull – 380 deaths (67%)
- Rottweiler – 51 deaths (9%)
- Mixed breed – 29 deaths (5.1%)
- German shepherd – 24 deaths (4.2%)
- Mastiff/Bullmastiff – 20 deaths (3.5%)
- American bulldog – 18 deaths (3.2%)
- Husky – 10 deaths (2.5%)
Based on these statistics, pitbulls are involved in more dog attacks than any other breed of dog. However, any dog can pose a threat to harm a human.
Common Dog Bite Injuries
Regardless of which breed attacks, a dog bite can lead to severe injuries that often require extensive medical treatment. A study by the Agency for Healthcare Research and Quality (AHRQ) found that during one recent year, dog bites accounted for:
- 316,200 emergency department (ED) visits (866 per day)
- 9,500 hospital stays (26 per day).
Steps to Take After a Dog Bite
There’s a few important steps you must take after a dog bite accident, including:
- Seek medical attention: Dog bites can result in infections, nerve damage, disfigurement, temporary disability/permanent disability and/or emotional distress.
- Document the incident: Photograph your injuries. If you have access to the scene, make sure to take pictures.
- Identification of the dog and owner: Be sure you know which dog bit you and who owned (or had possession) of the dog at the time of the attack.
- Report the bite: Report the incident to your local animal control or police to ensure that the incident has been officially recorded. They may be knowledgeable of who the dog’s owner is, prior dog bites it was involved in, its vaccination records, etc.
Illinois Dog Bite Laws
Illinois is a strict liability dog bite state. Under 510 ILCS 5/16, a dog owner is liable for the full amount of a dog bite victim’s injuries if their dog “attacks, attempts to attack or injures any person” who:
- Is peacefully conducting themselves
- Has a lawful right to be in the place where the incident occurred
- Does not provoke the dog
Illinois’ Animal Control Act allows for recovery for any type of dog attack, not just dog bites Therefore, if you were pushed down, scratched or otherwise hurt, you may still have a viable personal injury claim even if the dog did not bite you.
Liability can attach to either the actual owner of the dog or the person who has in control of the dog at the time of the attack. For example, if an owner left their dog with a neighbor and the neighbor assumed control of the pet, the neighbor could be sued for damages if an attack occurred.
Generally under Illinois law, you have two years from the date of a dog bite in which to file a claim.
In addition to the Animal Control Act, Chicago has a “dangerous dog” or “dangerous animal” ordinance. The goal is to keep dangerous pets away from the public and to prevent dog bites.
Chicago Municipal Code § 7-12-050 defines a “dangerous animal” as one that:
- Bites inflicts injury on, kills, or otherwise attacks a human being or domestic animal without provocation on any public or private property;
- Chases or approaches a human being in “an apparent attitude of attack” more than once, without provocation;
- Has been trained for the purpose of fighting or serving as a guard dog;
- Is any animal that has been found to be a vicious dog under state law.
Ultimately, a local animal control officer will determine whether a dog meets these criteria. If an attack occurs:
- The dog could be euthanized (if it killed or severely injured a person or another animal); or
- The owner could be required to get a dangerous animal license and take other measures, including obtaining a minimum of $100,000 in liability insurance.
Several communities – but not the City of Chicago – have enacted breed-specific “dangerous dog” legislation. It’s important to consult with a skilled dog bite attorney in Illinois regarding the requirements of these breeds.
Chicago has a leash law (Chicago Municipal Code § 10-36-020) which requires dog owners to keep their dog on a leash (no longer than six feet) when in public areas (unless there is a signposted declaring it to be a “dog-friendly area”).
If a dog bites a person or another animal, Chicago Municipal Code § 7-12-090 requires the owner to report the incident to the Animal Care and Control Commission within 24 hours.
What to do After a Dog Attack
If you or a loved one suffers a dog bite or other injuries due to a dog attack, you should take the following steps in order to protect your health and your legal rights:
- Wash any bite wound with hot soap and water right away. Seek immediate medical attention.
- Report the incident to your local animal control office or the police department, especially if you aren’t sure if the dog has a current rabies vaccination.
- Get the name and contact information or the dog’s owner or the person who was in control of the dog at the time of the attack. You should also get the names and contact information of anyone who witnessed the incident.
- Take photos.
- Keep and do not wash any clothes you were wearing when the attack occurred.
- Gather and store copies of any medical bills from any other dog bite-related expenses you have incurred.
- Take a moment and write down everything you can remember about the dog bite incident, make a note of where it happened, who appeared to be in control of the animal and what you did immediately before and after the attack.
Contact a Dog Bite Attorney in Chicago, Illinois
Get in touch with a personal injury attorney without delay in order to learn more about your rights and legal options. The skilled team of dog bite lawyers at the Dinizulu Law Group are here to provide legal assistance to you or a family member who has been bitten or attacked by a dog in Illinois.
Call us at (312) 384-1920 or fill out this form to get started with your free consultation today!
