I Have Been Bitten by a Dog, Now What?

Dog bites can cause not only serious physical injuries but often mental suffering as well as significant financial stress. If you or someone you love has been bitten by a dog in Illinois, it is imperative to know your legal rights. Illinois has very strict liability dog bite laws which means victims of dog bite injuries often will have a clear path to recovery for any and all physical and emotional injuries.

Under the Illinois Animal Control Act (510 ILCS 5/16), a dog owner is strictly liable for any injuries caused by their dog. This is especially true, even if the dog has never bitten anyone before and the dog owner has no reason to believe their dog was dangerous. Other states require proof of a dog’s prior vicious conduct. This is known as the “one bite rule.” Illinois holds dog owners accountable for the first time dog bite or attacks.

In Illinois, to recover monetary damage for a dog bite incident, a plaintiff must prove these four elements:

1. The dog was owned or controlled by the defendant.
2. The dog attacked, attempted to attack or injured the plaintiff.
3. The plaintiff failed to provoke the dog.
4. Plaintiff was lawfully on the property when the attack occurred.

There are some common defenses raised by dog owners in dog bite cases. For example, the owner may contend that the victim of the attack provoked the dog’s behavior, be it intentionally or unintentionally. Similarly, if the victim was unlawfully on the private property of the dog owner and was trespassing, recovery might be limited. Finally, and it is a rare exception, working dogs, i.e., police or military dogs, are often exempt if performing their lawful duties.

Some people are under the mistaken impression that the dog “owner” is the only one that can be responsible for an animal attack. Fortunately, Illinois defines an owner broadly as someone who not only owns the dog but anyone who keeps, controls, or harbors the dog. This could mean a dog sitter, a relative, or even a landlord can be held responsible depending on the circumstances.

If you or a loved one has been bitten or attacked by a dog, here are some things you need to do as soon as possible:

1. Seek medical attention immediately. It is not uncommon for nerve damage and/or an infection to occur subsequent to a dog bite. Better safe than sorry.
2. Attempt to identify the dog and/or dog owner(s). This includes names, addresses and, more important, vaccination records, if available.
3. Document everything. Take photos of your injuries and keep all medical records and bills related to the incident.
4. Report this incident to law enforcement and/or local animal control.
5. Contact an experienced dog bite attorney. The sooner you speak with an experienced dog bite attorney, the better your chances are of preserving evidence and building a strong case.

At Kaveny+Kroll we can guide you through a dog bite case from the initial investigation, to settlement, and/or trial to ensure your rights are protected. The attorneys at Kaveny+Kroll have built a career on representing victims of serious personal injury and/or wrongful death in the State of Illinois. Our firm understands how to hold dog owners or those that harbor dogs accountable and secure full and fair compensation for your injuries. If you’ve been injured by a dog or other animal in Illinois, do not go through this alone. The Law Offices of Kaveny+Kroll will fight to protect your rights and help you recover the compensation you deserve. Contact us for a free consultation at 312-761-5585.