Chicago Dog Bite Lawyer
Almost everyone in Chicago and throughout Illinois has had a dog or had a neighbor with a dog. Though our memories are full of fond recollections of the happy, loyal and friendly pets we, there are some dogs that become aggressive and bite. A Chicago dog bite lawyer helps you recover fair compensation.
Dogs become aggressive for various reasons and it usually isn’t their fault. They may have abusive and neglectful owners or have been actually trained to be aggressive. Poor dog training can lead to bites ranging from the very minor to life threatening. We have all seen the
news stories of aggressive dogs mauling children and the elderly. In Illinois, when a dog bites someone, the owner is almost always legally responsible for compensating the victim. The owner is not only responsible for medical bills, but also for pain and suffering, lost employment, disfigurement and mental anguish. Moreover, the State of Illinois or City of Chicago may punish the owner and place sanctions on the dog. Below is a discussion of civil lawsuit liability for damages and then a brief summary of Illinois and Chicago laws relating to dogs.
What will a Chicago dog bite lawyer consider during a case evaluation?
When evaluating a potential lawsuit, a lawyer will consider the following factors:
Who is the owner of the dog?
In Illinois, the dog owner is responsible for a dog that injures someone. Often the identity of the owner is clear, but sometimes the identity is unknown or is complicated. In cases with an unknown owner, an investigation is necessary to see if it is reasonably possible to determine who the owner is. Often dogs have tags or micro-chips identifying their owner. Other times a dog bites someone when it is in the possession of a third party or when it is not clear who (among known people) actually owns the dog. In these cases determining the responsible person involves investigation of the facts as well as application of legal principles.
Was the injured party legally allowed to be at the location where the bite happened?
Trespassers generally cannot successfully sue owners for dog bites. If a person climbs a fence and ignores a warning sign before getting bit, it is unlikely that they will win a lawsuit. In contrast, a mailman walking to the door has a right to be on the property, if he is bitten he likely has a valid lawsuit. Dog bite cases often have complex facts relating to the location where the bite took place. Many times children are involved and are bitten while on the neighbor’s property. These cases usually lead to varying contentions as far as permission to be on the land. A lawyer will help you determine the likelihood of a valid case.
Did the injured party provoke the dog?
If a person provokes a dog and gets bitten, they probably aren’t going to win a lawsuit. Provocation can mean many things. If a child beats a sleeping dog with a stick and gets bitten, that is pretty clear evidence of provocation. However, if a victim accidentally steps on a dog or yells at the dog’s owner before getting bitten, a jury will likely have to decide whether the dog was provoked.
What is the extent of the harm?
Dog bites can range from annoying to fatal. An aggressive Yorkie may cause slight pain or even puncture the victim’s skin. If attacking a small child, even a small dog can cause serious injuries such as finger amputation, scarring, infection or blindness. With larger dogs, the potential for injury greatly escalates. Large dogs can cause nerve damage, amputations, major scarring, pain disorders, emotional trauma and death. In a dog bite lawsuit, the extent of the harm is directly related to the financial recovery sought. An injured party is entitled to money to compensate them for their past medical bills, pain and suffering, scarring, disfigurement, loss of employment, loss of normal life and future medical bills.
If the bite results in the death of the victim, the next of kin (usually the closest family members) are entitled to a monetary award for the loss of their loved one by bringing a wrongful death lawsuit. In addition to wrongful death awards, the estate of the victim may also bring what is called a survival lawsuit for the harm they suffered prior to death. In Illinois, the monetary award is ultimately decided by a jury if no settlement is reached.
What is the possibility of financial recovery?
One very important factor to consider when evaluating a dog bite lawsuit is the potential to be paid the money a jury awards you. A person harmed can only be paid from whatever assets the person who is at fault has. In this day in age most people have few assets and would likely become bankrupt if a jury awards substantial money to the victim. This being said, the normal source of money for a victim is the insurance of the at-fault person. Generally a good homeowners’ or renters’ insurance policy will cover liability due to dog bites. In the vast majority of cases a person owning a home will have $100,000.00 in liability coverage, though savvy people often have more. In rare cases the at-fault party may have substantial assets or may be a corporation with a very high amount of insurance. In those cases the victim may be able to recover the full amount awarded by the jury. This factor is often overlooked by victims, especially when they are rightfully angry at the dog owner. A dog bite lawyer will help you consider all factors, including this one, when deciding whether to settle, file a lawsuit, go to trial or whether any award is likely at all.
Will the court order the dog put down?
In Illinois lawsuits for dog bites, and most other injuries, are a request for money to compensate the victim for the harm caused by the at-fault party. The injured party does not have the right to force the owner to have their dog put down. That said, there are other proceedings in which dangerous dogs will have restrictions put on them or may be destroyed.
The Illinois Animal Control Act
The Illinois Animal Control Act is one of the laws in Illinois that allows the government to take action to protect the public from animals. Here are some of the key provisions related to dogs:
- Dogs found to be running at large may be impounded and destroyed if reasonable attempts to determine and notify the owner have failed.
- Dogs that bite a person shall be confined for observation for rabies by the Cook County Bureau of Administration
- The County Administrator, State’s Attorney or a citizen of the county may file a complaint in circuit court asking that a dog be adjudicated vicious. The animal may be ordered confined during the proceedings and, if deemed vicious, the owner may be fined. The animal may also be ordered enclosed, neutered, or euthanized.
- The County Administrator may deem a dog dangerous. If deemed dangerous, the owner may be ordered to have to dog microchipped, pay a fine and have the dog neutered. The Agency may also order that the dog is only allowed in public if muzzled and accompanied by an adult.
- The Administrator may deem any dog running at large with three other dogs a “potentially dangerous dog” and may require the dog neutered and microchipped.
City of Chicago Dog Bite Laws
The City of Chicago has passed laws relating to animals collectively referred to as the animal care and control ordinances. They regulate many aspects of animal ownership in Chicago and are in addition to the Illinois Animal Control Act, below are some highlights related to animal safety.
- Dogs must be leashed when not confined by a fence on the owner’s property. Violations can result in fines and the possibility of imprisonment.
- Stray animals will be impounded.
- An animal may be deemed dangerous after citizen complaint or report of bite, attack or threatening behavior. If the animal is deemed dangerous, it may be destroyed. If not destroyed, the animal will be ordered confined, muzzled and leashed while in public, neutered and microchipped. Moreover, the owner will be ordered to place a warning sign on the property as well as obtain liability insurance for each dangerous animal. Additionally, the animal may be required to attend obedience training and may be barred from the city.
- The owner of any animal that bites someone or another animal shall notify the Executive Director of Animal Care and Control, confine the animal for observation, and pay any costs associated with impoundment.
The Illinois civil justice system as well as Illinois statutes and Chicago ordinances provide remedies for the victims of dog bites and have procedures to help insure that dangerous dogs are safely kept or euthanized by the government. If you would like to schedule a free consultation with a Chicago dog bite lawyer to learn more about dog bite law and whether you have a valid claim, contact us to set up an appointment.
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I had never used an attorney for anything before this experience. I had always been wary of lawyers, but unfortunately, I was faced with a situation in which I thought contacting an attorney would be my best option. From the very first time we talked, Andy really made me feel at ease. He listened to what I had to say, and asked me what result I wanted before giving me his take and advice. At the beginning of this experience, honestly, I was intimidated and afraid that I would end up having to pay a lot of money for an unjust reason. But as Andy worked on my case with me, I began to feel empowered, and at the end of it all, I ended up asking for what I was originally too afraid to ask for, and getting it. Andy made me aware of many things in the law that I never saw (despite the hours of research I did on my own previously). Andy is very responsive; I never had to wait very long for a response, no matter what time it was. He is very knowledgeable about landlord/tenant law, and he never had a problem explaining things that I didn't understand. I would not hesitate to retain Andy's services again, or to recommend his services to anyone I know.
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