Anyone who knows me knows that I am a dog lover and the owner of two golden retrievers. As loving and docile as a dog may be, dog owners must remember that our dogs are animals, not humans, and along with dog ownership comes responsibility. As unlikely as it might be, we must be prepared for the potential of our dogs causing harm to someone else – even if it is by accident. I always worry about my dogs’ exuberance when someone enters my house. At 97 pounds and 69 pounds, they could easily knock anyone over.
No pet owner wants to believe that his or her furry loved one could possibly cause harm to another. Unfortunately, it does happen frequently. In fact, the Centers for Disease Control and Prevention reports that four and a half million people are injured by dog bites every year, with 885,000 being severe enough to require medical attention. You must notify your homeowners insurer if you own a dog, and you should be certain that your particular dog is not excluded from coverage. Some insurers will not insure certain dogs such as Akitas, Rottweilers and Pit Bulls. Check with your insurance agent to be certain you are covered.
Being attacked by a dog is a terrifying experience, and even a single bite can leave a victim with permanent scarring, disfigurement, and psychological harm. When a dog in Illinois bites an individual, the victim is almost always entitled to damages for the harm that they have suffered. That is why it is important that you be certain you are covered by your homeowners insurance for any potential harm caused by your dog.
THE LAW
Illinois has a specific statute on the books that addresses liability in cases of dog bites. Found in 510 ILCS 5/16, the statute reads:
“Animal attacks or injuries. If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”
Essentially, the statute makes it clear the victim of a dog bite or other injury has the right to seek damages from the owner of said dog without having to prove the dog owner’s negligence. In short, Ilinois imposes strict liability on dog owners with possible exceptions if the victim is provoking the dog or trespassing at the time of injury.
Filing a Personal Injury Lawsuit for a Dog Bite: Time Limits and Damages Recoverable:
A person bitten or injured by a dog has two years from the date of the bite or other injury to file a lawsuit, if necessary, to recover damages for the injury. In my experience, the necessity of a lawsuit is uncommon in these situations. Insurers understand the law and know that they must pay reasonable damages for any injury caused by a dog covered under their policy. I have handled many of these claims, and without exception, I have been able to settle them successfully without filing a lawsuit.
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