Illinois Dog Bite Law: Why Victims Almost Always Have a Case
Illinois has some of the strongest dog bite laws in the country, and if you've been attacked by a dog, you need to understand how the law works in your favor. Under the Illinois Animal Control Act (510 ILCS 5/16), a dog owner is strictly liable for injuries caused by their dog. That means you don't have to prove the owner was negligent or that the dog had a history of aggression. You just have to prove three things: the dog attacked you, you were lawfully in the place where you were attacked, and you did not provoke the dog.
That strict liability standard is a big deal. In some other states, there's a 'one free bite' rule, which means the owner isn't liable unless they knew the dog was dangerous. Illinois doesn't have that. Even if the dog has never bitten anyone before, the owner is on the hook. This makes Illinois dog bite cases much stronger for victims compared to many other states.
Now, the insurance company's favorite defense in dog bite cases is provocation. They'll argue that you did something to provoke the dog — teasing it, approaching it aggressively, or entering its territory. In Illinois, provocation means doing something that would reasonably be expected to cause the dog to attack. Simply walking by someone's house or reaching out your hand in a friendly gesture is not provocation, no matter what the insurance company tries to argue.
One thing that surprises a lot of dog bite victims is where the money comes from. Most dog bite claims are paid by the dog owner's homeowner's or renter's insurance policy under the personal liability coverage. Even landlords can sometimes be held liable if they knew a tenant had a dangerous dog and did nothing about it. We investigate every possible source of insurance coverage to maximize your recovery.
Dog bite injuries can be devastating — deep puncture wounds, torn muscles, nerve damage, scarring, and severe emotional trauma, especially in children. If you or your child has been bitten by a dog in Illinois, call us at 312-500-4500. The consultation is free and we'll tell you exactly what your case is worth.
Answer a few questions to get an estimate of your case value
According to the CDC (Centers for Disease Control, dogs bite 5 millions people every year. And, most of the people who get bit by a dog are children. About 380,000 people have to go to the Emergency Room from a dog bite. And almost 800,000 people every year get some kind of medical treatment from their injuries they get from a dog.
This doesn't take into account the mental trauma and psychological effects of a dog bite. Or the permanent scars they leave behind.
Is just the way things are: dogs will bite. This includes big dogs, little dogs, and all breeds in betweeen. While Pit Bulls, Rottweilers and German Shepherds often get a bad reputation as dogs most likely to bite, the truth is that smaller breeds of dogs are often far more aggressive. It has far more to do with the dog's owner and how the dog was raised and is treated. A mistreated dog is far more likely to bite.
When a dog attacks, it can result in serious and permanent consequences for the victim. That's why it is important to make the negligent dog owner pay. To compensate you, and to make sure that it never happens to anyone else. Unless they are held accountable, they may never take caring for their dog and their responsibilities as a dog owner seriously.
If you have been attacked or bitten by a dog or other animal, then there are things you need to know about dog bite cases and the Illinois Animal Control Act.
It does not matter whether your attack involved a single bite with minimal treatment and a small scar or a tragic attack resulting in serious permanent injuries or even death. No matter what, here is the information you need to know so that you can intelligently evaluate your options.
Dog bite cases are usually controlled by the Animal Control Act. This is a law passed by the state of Illinois that makes owners or keepers of animals responsible for the injuries they cause if they get loose.
The Act makes it easier for you to win your dog bite case if you were bit by a dog. But that is only true if your case facts fall under the Animal Control Act.
In order to prove a case under the Animal Control Act, here is what you have to prove:
If your injury from a dog bite amounts to a small scar on your arm and minimal medical treatment, then you are entitled to a recovery. But it is not likely that you will get very much money for such a modest injury.
About 25% of dog bites result in serious injuries which have permanent consequences. That's good news, because it means that most of the time when a dog bites someone, it is not that serious.
But if a dog bites often can cause a lot of different kinds of injuries, such as:
In fact, according to the CDC, about 27,000 people who are bitten by dogs need plastic surgery every year. Some people need plastic surgery or reconstructive surgery several times, depending on the severity of the wounds and where they are. If a child or woman is bittne on the face or other visible part of the body, they are going to live with terrible and permanent consequences, no matter how skilled their surgeon.
I have handled cases where the settlement was substantial in a dog bite case with the scar. But it depends on the circumstances. For example, a child with a scar on their face or a woman with a scar on her face may have a valuable case. But an older man like me would probably get less for a scar, especially if it is not usually visible.
In the most vicious dog attacks, there can be serious fractures and nerve damage. These injuries could require surgery and skin grafts. Powerful breeds of dogs can kill people, and they do. Especially children, who are very vulnerable.
As you can see, the range of injuries from dog bites can range from unpleasant all the way up to deadly.
These cases have nuances and details and the particular facts of your case make a big difference.
My best advice for you is to speak with an experienced dog bite lawyer chicago to evaluate your case and tell you the ins and outs of Illinois dog bite law as it applies to your specific case.
It is rarely a good idea to handle a personal injury case without at least consulting with a lawyer. In dog bite cases, this is especially true.
Here are just some of the thing we do in my office for victims of a dog bite:
Of course, this is only a partial list of what I do as a Chicago dog bite lawyer under Illinois dog bite law.
Why in THE WORLD would you want to do this yourself?
The best part is you never pay any money out of pocket. I only get paid if I win your case.
And talking to a lawyer is free.
Why not get a free consultation with a Dog Bite Lawyer Chicago?
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If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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