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. The following considered Illinois’ dog bite law, and the right to bring forth a personal injury lawsuit against the owner of a dog that bites.
Illinois’ Dog Bite 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, “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…”
Essentially, the statute makes it clear the victim of a dog bite has the right to seek damages from the owner of said dog – without having to prove the dog owner’s negligence – if the victim was not provoking the dog and was not trespassing at the time of attack (if the victim was doing any of these two things, they may be barred from recovering damages).
It is important to note that while Illinois law holds dog bite owners strictly liable for dog bites, negligence-based suits are possible. A claim based on negligence alleges that the dog owner acted in an unreasonable manner, contributing to the dog bite. For example, the law requires that a vicious dog be kept in an enclosure. If a dog that has been declared vicious attacks a person, and if that attack occurred because the owner failed to keep the dog restrained, the dog owner has acted negligently, and may be held liable as such.
Filing a Personal Injury Lawsuit for a Dog Bite: Time Limits and Damages Recoverable
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A person bitten by a dog has two years from the date of the bite to bring forward civil charges (a lawsuit) against the owner of said dog. If the lawsuit is not brought forth within this time frame, the victim loses their right to recovery.
The same section of code cited above reads that the victim has the right to recover damages “for the full amount of the injury proximately caused thereby.” This means that a victim of the dog attack may be able to recover compensation not just for medical expenses, but also for emotional distress as long as it can be proven that the emotional distress is directly related to the dog attack/dog attack injury.
Speak to a Chicago-Area Personal Injury Attorney Today
Filing a personal injury claim, and knowing the different theories of liability in a dog bite case, can be complicated. For personal injury guidance in the Chicago area, contact experienced personal injury professional Mary Ann Covone Attorney at Law. An initial consultation is always free.
A person bitten by a dog has two years from the date of the bite to bring forward civil charges (a lawsuit) against the owner of said dog.