DOG BITES

With a greater amount of individuals owning pets, dog bites are becoming more frequent. Recent studies demonstrate that children are more often the victims of dog bites.

Dog bites can cause scarring, which may require multiple surgeries, and in some circumstances, can even lead to death. Individuals must be aware of the dangers of dogs, and they need to be as safe as possible when encountering them. However, when dog bites do occur, compensation is available for the injured person.

Illinois Dog Bite Victims

In Illinois, a statute protects the victims of dog bites and imposes near absolute liability on the owner of the dog. 510 ILCS 5/16. Under this statute, a dog owner is liable for all damages inflicted in a public place. Further, the dog owner is also liable for attacks that occurred on the dog owner’s property as long as the victim was an invitee or a guest.

To obtain compensation, the injured party does not have to show a history of attacks, or the dog’s vicious tendency. The only defenses that dog owners may raise under the Illinois statute are that:

(1) The injured party provoked the dog or that

(2) The injured party was a child of the dog owner and resided in the dog owner’s household.

Overall, Illinois public policy favors awarding damages to victims of dog bites.

Negligence Claims

An injured party may also seek to bring a negligence claim against a dog owner. Under this approach, the injured party must show that the owner knew or should have known of the dog’s vicious tendencies.

Because Illinois statute places near absolute liability on the dog owner, most injured parties do not rely on this common law approach. This approach is utilized when facts suggest the injured party provoked the dog and there is no other way to obtain compensation.

Staver & Gainsberg

Dog bite cases are not as simple as they may seem. It is important for a victim of a dog bite to hire an attorney as soon as possible to investigate the facts, preserve evidence, and explore all legal approaches to obtaining compensation. If you, a family member, friend, or co-worker has been a victim of a dog bite, please call Staver & Gainsberg at 312-422-1130 immediately.

The initial consultation is free. We will take most cases on a contingency basis, which means we do not get paid until we recover funds or obtain a monetary award.

The statute of limitation provides a specific time frame during which an injured party may bring a suit against the dog owner; therefore, you should not delay in contacting Staver & Gainsberg regarding your dog bite case.

Disclaimer: The information on this website is not intended as a legal opinion or legal advice. The facts of every case are different and give rise to issues that may not even be discussed here. You are urged to consult an attorney who is licensed to practice in your area before you take any legal action.