Over 4.5 million people in the US are bitten by a dog every year, and about 800,000 of them are severe enough to require medical attention. Illinois has one of the highest rates of dog bite claims in the country. In 2015 alone, there were a total of 931 claims filed, with the average claim costing $33,385. We all know dogs as friendly, irreplaceable parts of the family, and this is true in many cases. At the same time, it’s important to acknowledge the reality of how common it is for dogs to bite people. Any animal attack can be traumatic, but it’s jarring when dog bite injuries are caused by a dog that belongs to a friend or a family member. While these facts apply to Illinois in general, it’s clear that Chicago plays a large role. It’s estimated that about 610,600 dogs live in the city, according to the American Veterinary Medical Association. Due to the high population density and close proximity of city living, there’s no doubt that dog bites occur in Chicago. If you are the victim of a dog bite, you might not yet know what your legal rights are and what the dog bite claim process is like in Chicago. To be successful in an Illinois personal injury court, it helps to have an understanding of the state’s dog bite laws. While consultation with an experienced local dog bite lawyer is always the best course of action, this article aims to provide some baseline information on dog bite laws in Chicago.
Illinois and Chicago Dog Bite Laws
In order for dog bite victims in Illinois to successfully recover monetary compensation for their injuries, they must develop an understanding of Illinois dog bite laws, specifically the Illinois Animal Control Act (510 ILCS), which says:
“If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”
To translate into plain English, Illinois is what is known as a “strict liability” state when it comes to determining fault for dog bite attacks. As long as the dog bite victim was legally on the property where the bite occurred and was not attempting to provoke the dog in any way in the moments leading to the attack, the dog’s owner is likely to be held liable for any injuries suffered by the plaintiff. Even if the dog’s owner took all reasonable precautions in the moments leading up to the incident, they will still likely be held liable for the injured plaintiff’s medical bills, pain and suffering, and other damages.
The nature of Illinois’s “strict liability” dog bite laws can be compared to states who instead employ a “one bite rule.” In one bite rule states, only dog owners with dogs who are known to be dangerous (from previously biting a person) are held liable for damages. In other words, Illinois and other states that use a strict liability doctrine for dog bite attacks are not as forgiving when it comes to holding dog owners accountable for the behavior of their animals.
An important point for prospective plaintiffs to remember before deciding to pursue litigation after a dog bite attack is the important role of negligence in the ability to ultimately recover compensation for their injuries. As the state’s laws indicate, a dog owner is liable for a bite victim’s injuries as long as the victim was legally allowed to be on the premises and they were not provoking the animal. In other words, if the plaintiff was trespassing on the property or antagonizing the dog in any way, they may forfeit their ability to recover monetary compensation for any personal injury incurred as a result of the dog’s actions.
According to the law in the state of Illinois, a dangerous dog is defined as any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal. A dangerous dog may also be defined as a dog that, without justification, bites a person and does not cause serious physical injury.
In other words, a dog in Illinois is considered dangerous in the eyes of the law when it has previously bitten a person or when it is behaving in a way that a person could reasonably believe to be dangerous and pose a risk of personal injury to bystanders.
Types of Damages in Dog Bite Cases
As discussed in the previous section, proving the dog owner’s negligence is the most significant factor in winning a civil suit financial award for damages. Often, a plaintiff’s personal injury attorney will meet with them to ensure they understand what types of monetary awards are possible and how much they should expect to receive from the courts.
The most common type of damages awarded to victims of dog bite attacks are compensatory damages. These monetary awards are given to plaintiffs by the court in order to compensate them for the economic costs involved in dealing with the ramifications of the dog bite. Compensatory damages often include compensation for medical expenses, wages lost due to time off work, and any future costs associated with ongoing medical treatment and the related time away from employment. Compensatory damages also include compensation for pain and suffering, which can vary depending on the nature and severity of the injuries sustained and treatment needed.
Another type of damage involved in personal injury cases is punitive damages. Although punitive damages are paid to the plaintiff just like compensatory damages, the intention behind the payment is different. While courts award compensatory damages to compensate a plaintiff for the costs associated with their injuries, a court will award punitive damages in order to punish a defendant who exhibited extremely negligent or reckless behavior.
Dangerous Dogs in Illinois
Sometimes, a dog bite incident is not just limited to one attack. There are times when a dog gets out and presents a danger to the public. If a dangerous dog is found to be running at large (i.e. running loose) in the community, the dog’s owner is required to pay a fee. If the dog is found running at large on a second occasion, it must be sterilized by the owner of the dog.
Animal owners have a responsibility to keep their dog safe, and also to make sure their dog is not a risk to anyone else. The law in Illinois defines what constitutes a “reckless dog owner” in relation to dangerous dogs. Under the definitions of the law, a reckless dog owner means a person who owns a dog that while anywhere other than upon the property of the owner, and without justification, kills another dog that results in that being deemed a dangerous dog, and who knowingly violates the requirements mentioned in the previous paragraph of this section.
A more subtle indication of a reckless dog owner is if you see someone walking their dog without a leash. Despite what you may have seen in real life, this is prohibited in Illinois and Chicago, as it presents a significant risk to other people and dogs. If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog inflicts serious personal injury on a person or a companion animal, the owner shall be guilty of a Class 4 felony. If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog kills a person, the owner will be charged with a Class 3 felony.
For more details on how the Illinois legal system handles dangerous dogs, check out our recent blog, Illinois Dangerous Dog Law: What You Need to Know.
The Statute of Limitations for Dog Bite Cases in Illinois
The statute of limitations is another important part of Illinois law that an injured person should know if they are interested in pursuing a dog bite case. In Illinois, the statute of limitations for dog bite cases is two years from the date of the bite or other injury. As always, consultation with an experienced Chicago dog bite lawyer is the best course of action to review how prospective plaintiffs should proceed.
Getting Professional Legal Counsel
If you or a loved one has experienced an injury from a dog attack, we’re here to tell you that we understand what you’re going through and we know how to help you navigate Chicago dog bite laws. For years, the Chicago dog bite attorneys at the law firm of Palermo Law Group have been helping dog bite victims in Chicago and surrounding areas for over 25 years. We know how to help victims as they navigate the process of pursuing litigation to recover monetary compensation for their injuries. Contact Palermo Law Group today to discuss your case and receive a free consultation on how to proceed.
