Illinois Dog-bite Law Favors the Victim

Our canine friends are considered the most popular pets in America. And they are also the most likely to cause an injury, which could have you seeking the advise of a Chicago dog-bite attorney.

Astounding Statistics

The Centers for Disease Control estimates 4.7 million citizens receive dog bites annually, with one-fifth of them seeking medical attention. 16 dog bites per year result in death of their victim. Not only do these facts point to the dangers associated with interacting with pets, they illustrate the liability dog owners could face, should their dog (or any pet) attack.

The Illinois Animal Control Act 

Before this act was passed, common law stated that in order for a victim to claim damages, the owner had to have prior knowledge of a dog’s dangerous behavior. Since the passing of the Animal Control Act (ACA), these dog bite statutes allow victims to seek compensation from the owner regardless of the dog’s propensity for danger. The state makes the owner of a dog or other animal liable for civil damages when it injures a person without provocation. The owner is also liable if the dog causes a person’s injury out of their fear of imminent danger. Because proof of dog owner’s negligence isn’t needed under the ACA, it is to the plaintiff’s advantage to make a statutory claim under the new act instead of suing for negligence under common law.

To recover compensation under the ACA, the plaintiff must have conducted himself peaceably, had the right to be at the location of the attack and did not provoke the dog. In order to have a valid defense, the owner must prove the plaintiff was provoking the dog, trespassing, or committing a crime during the incident. Either way, the assistance of a Chicago dog-bite attorney will help clarify your understanding of the ACA.

Insurance Protection

The dog owner may be covered for a pet-induced injury under their homeowner’s insurance policy. But some policies exclude dangerous dog breeds, such as Rottweilers and Pit Bulls. There is proposed legislation to disallow insurance company discrimination of certain breeds, but to date your insurer has the right to choose which dog breeds they will cover.

Contact an Attorney

Whether your dog is involved in an attack or you or someone you know has been injured, Illinois law provides legal options. Find out the facts by contacting an experienced Chicago dog-bite attorney now.