If a dog bite hurts you or a loved one, protect your legal rights by speaking with an experienced Chicago dog bite lawyer or dog bite attorneys at Skiba Injury Law, today.
Dog bite injuries can be serious and significantly impact your quality of life. Medical bills for treatment, lost wages and pain and suffering are just a few of the damages you can recover from a dog bite injury. Understanding the process and elements of a dog bite lawsuit is crucial, and our firm specializes in navigating these cases to secure the compensation you deserve.
What Are The Illinois Dog Bite Laws?
Illinois has some of the strictest dog bite laws in the United States. According to Illinois law on dog bites, a dog’s owner is legally responsible for their dog’s actions. Being a dog owner in Illinois comes with significant legal responsibilities, including understanding the exceptions to strict liability such as provocation or defense. Illinois is a strict liability dog bite state – meaning, a dog’s owner is liable to dog bite victims for all of the medical costs resulting from injuries sustained by a dog attack, or attempt to attack. So long as the victims conducted themselves peacefully and had a right to be where they were when the attack took place, liability would fall on the dog’s owner. Furthermore, the liability under Illinois law emphasizes the importance of a dog’s owner being aware of their potential defenses, such as the concept of provocation or the victim’s unlawful presence on private property.
Unlike other states, Illinois does not have a “one bite rule.” This means that a dog’s owner does not require prior knowledge of their animal’s aggressive behavior or likeliness to bite or attack in order to be found liable. Therefore, if you have been bit or attacked by a dog, you might have a dog bite claim.
Dog Bite Statistics
Dog bites and dog attacks are an increasing trend.
Injuries resulting from being bitten or attacked by someone else’s dog may include:
Puncture Wound/ Bite Wound
Blood Loss
Bruising
Broken Bones or Fractures
Head and Face Injuries
Neck and Throat Injuries
Disease or Infection
Dislocations
Deep cuts, tears in the flesh or muscles
A dog bite victim may suffer from these injuries, highlighting the serious impact such incidents can have on an individual’s health and well-being.
Recoverable Damages After a Dog Bite Accident
If you are bitten or injured by someone else’s dog, you may recover for any damages you incur, such as:
Medical Expenses and Future Medical Treatment
Lost Wages and Reduced Earning Capacity
Pain and Suffering
Emotional Trauma and Mental Distress
Property Damage
Loss of Enjoyment
Loss of Consortium
Negotiating with the dog owner’s insurance company for compensation is a critical step, and a skilled dog bite attorney can be instrumental in this process, ensuring you understand your coverage and maximizing your recovery.
Additionally, the dog owner’s insurance company may be a viable source for recovering damages, as homeowners’ insurance policies often cover dog bite claims.
What Should I Do When A Strange Dog Approaches Me?
Dogs bite due to various reasons such as stress, feeling threatened, protecting something valuable, feeling unwell, or during play, making it crucial to understand how to interact with them safely. Despite their appearances, everyone must remember that dogs can be dangerous. This is especially important when around small children, who should be taught safety and caution around foreign dogs. Below are six tips and guidelines when encountering an unfamiliar dog:
1. Never Touch A Dog Without Permission
Dogs can become overwhelmed or frightened when approached by someone they are not familiar with. If a dog does not know you and does not feel comfortable, they can become more aggressive. Always give an unfamiliar dog space and never rush into the dog’s personal space. Also, make sure the dog’s owner grants you permission to pet and approach their dog
2. Stay where you are – do not get too close
If you do not see an owner nearby and an unfamiliar dog approaches you, you may want to try to run or scare the dog away. However, doing so may excite the dog and make it more aggressive. You do not want to have an unfamiliar dog chase after you, or think you are playing or trying to attack it.
3. Avoid eye contact
Direct eye contact may be perceived as a threat in the animal kingdom. Many dogs are territorial and may perceive you as an intruder. If a dog is eating or distracted by something, your approaching may make the dog feel threatened, and it will try to “protect” its food or toys. You never want to appear to be challenging a foreign dog, and therefore, you should avoid making direct eye contact when possible.
4. Try short verbal commands
If a dog approaches you or rushes you, stay calm. Use short commands, such as “stop” and “no”, in a firm and clear tone so that the dog knows you are serious. If the dog has had any prior training, they may know these commands and listen. If the dog is jumping on you, you can also try saying “down” as a command.
5. Distract or deter the dog
It is hard to tell whether strange dogs are being curious, friendly, or trying to intimidate you. If you do not feel safe in an encounter, try distracting the dog with food, a stick, or a toy item if you have one. If you go on frequent walks in areas where there are a lot of dogs, you may want to consider walking with these items on you, in preparation for an unleashed dog encounter.
6. Don’t let the dog jump on you
If a dog is jumping on your but not trying to attack, avoid waving your fingers or toes in the dog’s face, as this might encourage the dog to bite your hands and feet. Any jerking movements of the hands or feet might seem like a game to the dog and encourage them to jump more and try to grab you. It is best to keep your hands near your body and turn away from the dog so that you are not facing them directly.
However, if the dog is being aggressive and trying to bite you, you may be able to fend off the dog depending on the size. Small dogs can be fended off with kicking motions. Larger dogs can be pushed off with a knee, or by using an object like a book bag of bicycle.
While certain breeds can be more aggressive by nature, all types of dogs can attack and become dangerous if they feel threatened, or injured, or have been abused in the past to the point that they distrust humans.
Dog bite accidents can happen quickly, and the damages can be significant. In most cases, the dog owner’s homeowners insurance or renters insurance policy will cover dog bite liability expenses.
Do I Need a Lawyer for a Dog Bite?
A dog owner may not agree to file an insurance claim with their homeowner’s insurance and instead may try to blame you for your dog bite injuries. Suppose a dog has injured you. In that case, a dog bite lawyer can help protect your rights by filing a claim, gathering and presenting evidence that the dog owner and insurance company cannot ignore, and making sure you recover damages that you are entitled to.
Illinois Modified Comparative Negligence in Dog Bite Cases
When a dog bites someone, we have to examine how the incident happened. For example, entering your neighbor’s yard despite the warning signs or putting your hand through the fence to pet the dog could mean the owner has a legal defense against your dog bite lawsuit. You may share a portion of the blame if you unnecessarily put yourself in a potentially dangerous position.
Even if a dog bite victim shares part of the blame for the accident with the dog’s owner, they may still be eligible for compensation. The ability to recover compensation when both parties share a level of fault is covered under Illinois’s modified comparative negligence law.
As long as you are less than 50% responsible for the accident, you can recover compensation. However, the amount you can recover will be directly reduced by the percentage of fault that you hold. For example, if you are determined to have been 30% at fault for the attack, you will only be eligible to recover 70% of your total damages. A dog bite attorney can help determine if you have a dog bite case.
If you were not at fault in the matter, your lawyer will help you collect and present evidence necessary to prove that the harm caused was due to the dog owner’s negligence.
A Dog Bite Lawyer Can Help Get You Justice
If you or a loved one have suffered a dog bite or animal attack injury, contact Skiba Injury Law for a free consultation to go over your legal options and see if you have a dog bite case.
