In Illinois, you can sue for a dog bite on public property if you were there lawfully and did not provoke the dog. The state has a strict liability law that holds the owner responsible for injuries caused by their dog, regardless of the owner’s knowledge of the dog’s dangerous tendencies. Injuries from dog bites can be traumatic, leading to physical, emotional, and financial challenges for victims.
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For assistance in seeking compensation after your dog bite injury, contact a dog bite lawyer at Ankin Law at (312) 600-0000.
Who can You Sue for a Dog Bite on Public Property?
A dog bite happens when a dog injures a person, with injuries ranging from minor scratches to severe wounds that may need medical care. In Illinois, those who suffer such injuries can pursue compensation by taking legal action against the dog’s owner. The amount of compensation can vary based on factors like the injury’s severity and whether there was negligence involved.
In the United States, more than 4.5 million dog bites are reported each year. In Illinois, the regulations regarding dog bites are outlined in the Illinois Animal Control Act, which was first enacted in 1973. This law specifies that dog owners are responsible for injuries caused by their dogs if:
- The attack was unprovoked: The injured individual did not incite the dog.
- The injured party was lawfully present: They were either on the property where the bite occurred or in a public area.
- Ownership: The defendant is legally considered the owner, keeper, or caregiver of the dog.
Unlike some states that require evidence of negligence or a dog’s prior aggressive behavior, Illinois law enforces strict liability on dog owners for injuries inflicted by their pets, regardless of the dog’s past behavior.
Dog Bites and Strict Liability
In Illinois dog bite liability laws, dog owners are held to strict liability for injuries resulting from their pets, meaning they can be held accountable without having to prove negligence, regardless of whether their dog has a history of aggression. This makes determining liability when dangerous dogs attack more straightforward than other civil cases. This law covers injuries from incidents beyond just bites. For example, if a dog knocks someone over, and they fracture their arm, the owner can still be liable for those injuries. According to the law, if a dog harms someone who is in a place they are legally permitted to be, the dog’s owner is responsible for resulting damages.
When Could the Dog Owner Not Be Held Liable?
In Illinois, exceptions to strict liability laws for dog bites exist. If the victim provoked the dog or was unlawfully on the property during the incident, the owner may not be liable. Provocation can include hitting or threatening the dog, while unlawful presence typically involves trespassing. However, individuals like delivery personnel or utility workers may still be deemed legally present, even without explicit permission from the owner.
Legal Rights of Dog Bite Victims in Public Spaces
If you’ve been bitten by a dog in a public area, you have the right to seek compensation for damages resulting from the incident. The law identifies several types of damages from personal injury examples that victims can claim to reflect the full extent of the harm experienced from a dog bite.
Medical Costs
This is typically the most immediate and measurable type of damage, encompassing all medical expenses related to the dog bite, such as emergency treatment, wound care, and follow-up visits needed for complications like nerve damage or infections.
Lost Income
If the bite results in missed work, victims can seek compensation for their lost earnings. This accounts for both the hours missed and loss of future earning capacity if the injury leads to long-term issues.
Pain and Suffering
This category addresses the non-tangible damages, including physical pain and emotional distress, stemming from the dog bite. The assessment of pain and suffering is subjective and can vary greatly between different cases.
Disfigurement and Scarring
Injuries from dog bites can result in permanent scars or disfigurement, for which victims may seek compensation due to the lasting physical effects.
Loss of Enjoyment of Life
This refers to the reduced ability to partake in enjoyable activities that the victim engaged in prior to the injury.
Mental Health Support
The law also determines when you can sue for emotional distress. Some victims may need counseling to address the psychological effects of a dog attack, particularly if they develop issues like post-traumatic stress disorder (PTSD).
Damaged Property
If personal belongings were harmed during the incident, victims can claim compensation to repair or replace those items.
When to Contact a Dog Bite Attorney for Help
If you’ve been bitten by a dog in Illinois, reach out to a dog bite attorney right away, as you have two years from the incident to file a claim. Delaying could weaken your case and hinder collection of evidence.
Dog bite lawyers can help by:
- Representing you in dealings with insurance companies
- Collecting witness statements
- Organizing evidence
- Investigating the dog’s background
- Collaborating with specialists
- Ensuring your case is filed on time
You can seek economic damages, like medical bills and lost wages, and non-economic damages, such as emotional distress and physical pain. Calculating these can be challenging, but a personal injury lawyer can help ensure you claim the full value of your damages.
Insurance companies may try to lowball you, but having a lawyer shows you’re serious about your claim, often leading to better settlement offers. A dog bite lawyer can build a strong case and, if needed, take your case to court. The threat of a lawsuit can prompt insurance companies to negotiate fairly.
Contact us at Ankin Law if you’ve suffered a dog bite injury in Illinois to help you maximize your compensation for a dog bite on public property
