Dog Bites

Dog bites can cause severe physical and emotional trauma, leading to expensive medical bills, lost wages, and permanent scars. In Illinois, dog owners are typically held liable for injuries caused by their pets, even if the dog has no history of aggression. If you or a loved one has been bitten by a dog, understanding your rights and the legal process is crucial to obtaining the compensation you deserve.

Illinois Dog Bite Laws

Illinois adheres to a "strict liability" rule for dog bites, holding dog owners responsible for injuries caused by their pets, regardless of prior knowledge of aggression. Under the Animal Control Act (510 ILCS 5/16), a dog owner is liable for civil damages if:

1. The injured person was peacefully conducting themselves in a place they had a legal right to be

2. The dog attacked or attempted to attack the person without provocation

This rule applies to bites and other injuries caused by dogs, such as knock-downs or scratches.

Exceptions to Owner Liability Exceptions to the strict liability rule include:

• Trespassers: Owners may not be liable if the injured person was unlawfully on their property.

• Provocation: Owners may not be responsible if the injured person provoked the dog.

• Police or Military Dogs: Owners may not be liable if the dog was a police or military animal performing its duties.

Proving a Personal Injury Case

To succeed in a dog bite personal injury claim, you must demonstrate:

1. The defendant owned the dog

2. The dog attacked or attempted to attack you without provocation

3. You were peacefully conducting yourself in a place you had a legal right to be

4. You suffered actual damages as a result of the dog bite

Evidence to support your claim may include medical records, witness statements, animal control reports, and photographs of your injuries.

Damages Available

If you prevail in a dog bite personal injury claim, you may be entitled to damages such as medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, scarring and disfigurement, loss of enjoyment of life, and property damage. In rare cases, punitive damages may be awarded for particularly egregious conduct by the dog owner.

Legal Process for Dog Bite Personal Injury Claims

1. Initial Consultation and Investigation

• Meet with an experienced Illinois personal injury attorney to discuss your case

• Provide details about the incident, your injuries, and medical treatment

• Your attorney will investigate the incident, gather evidence, and identify liable parties

2. Medical Treatment and Documentation

• Seek thorough medical evaluation and follow your treatment plan

• Keep records of all medical visits, treatments, and expenses

• Your attorney will obtain your medical records and bills to support your claim

3. Reporting the Incident

• Report the dog bite to local animal control authorities

• Obtain a copy of the animal control report

• Your attorney will use this report to support your claim

4. Insurance Claim and Negotiation

• Your attorney will notify the dog owner's homeowners' or renters' insurance company of your claim

• They will handle all communication and negotiations with the insurer

• If the insurer denies your claim or offers an inadequate settlement, your attorney may recommend filing a lawsuit

5. Filing a Lawsuit

• Your attorney will draft and file a complaint in civil court, outlining your case and the damages sought

• The defendant (dog owner) will be served with the complaint and have an opportunity to respond

6. Discovery and Pretrial Proceedings

• Both sides will exchange relevant documents and information through the discovery process

• Depositions of parties, witnesses, and experts will be taken

• Your attorney will build your case and assess the strength of the defendant's evidence

• Pretrial motions may be filed to resolve legal issues or exclude evidence

7. Mediation or Settlement Negotiations

• Many dog bite personal injury cases are resolved through mediation or settlement negotiations before trial

• Your attorney will advocate for a fair settlement that covers all your damages

• If a settlement is reached, your attorney will review the terms with you and ensure payment

8. Trial (if necessary)

• If a settlement cannot be reached, your case will proceed to trial before a judge and jury

• Your attorney will present evidence, cross-examine witnesses, and argue your case

• The jury will decide on liability and the amount of damages to be awarded

9. Post-Trial Proceedings and Appeals

• If you win at trial, your attorney will ensure the judgment is properly entered and enforced

• If you lose, your attorney will assess grounds for appeal and advise you on the appellate process

• Your attorney will continue to protect your rights and interests until your case is fully resolved