Dog attacks leave lasting scars both physically and emotionally. Illinois has some of the strongest protections in the country for victims of dog bites, giving you the right to pursue compensation through an experienced Illinois dog bite lawyer.
In 2013, Illinois ranked second only to California in reported dog bite claims, showing just how common these injuries are in our state. When a serious bite occurs, it is important to know exactly how the law works and what steps victims can take to recover damages.
Dog Bite Lawsuits in Illinois: How the Law Protects Victims
Illinois law provides two main legal paths for dog bite cases: common law and the Animal Control Act. Both approaches determine how liability is assigned, and both play an important role in protecting victims.
According to industry data, Illinois was one of the top states for dog bite claims, highlighting the serious nature of these cases. Victims often face medical expenses, missed work, and ongoing trauma. Hence, understanding the law is not only helpful but necessary when pursuing justice after an attack.
The Common Law Approach
The common law in Illinois (the law developed by court opinions over the years) divides animals into two categories. Wild animals are those that are not commonly domesticated, such as lions, tigers, and bears. Meanwhile, domestic animals include pets like dogs and cats.
In general, the owner of a wild animal is strictly liable for any injuries it causes. That means that the owner does not need to be negligent in any way to be liable for damages to an injured plaintiff.
The rule is different for domestic animals: The owner is strictly liable under common law only if the animal has an uncommonly dangerous propensity to cause injury and the owner was aware of it. This is often referred to as the “one bite” rule, as it implies that after an animal bites someone, the owner is aware of its propensity to do so. Without such knowledge, the owner is only liable if negligent in some other way.
Critically, this division between wild and domestic animals, and between strict liability and negligence, no longer controls in all Illinois dog-bite lawsuits.
Illinois’ “Dog Bite Statute” – The Animal Control Act
The General Assembly has expanded the scope of strict liability in animal-injury cases, including dog-bite lawsuits. Specifically, section 16 of the Animal Control Act provides:
If a dog or other animal, without provocation, . . . injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of [the animal] is liable in civil damages . . . for the full amount of the injury proximately caused thereby.
In other words, an owner is now strictly liable even for injuries caused by a domestic animal if (1) his or her animal injured someone without provocation while that person was (2) peaceably conducting himself or herself (3) in a place where he or she could lawfully be. The owner need not have known of a dangerous propensity or otherwise been negligent.
Protecting Victims With an Illinois Dog Bite Lawyer
Although it may strike some as odd that there is an entire area of law devoted to their furry friends, dog bites and other animal-caused injuries are no laughing matter. In 2013, dog bites in Illinois caused $8.9 million in damages, at an average of almost $30,000 per injury.
Dog bite injuries are serious, and victims in Illinois have strong legal protections. At Costa Ivone, we fight for individuals and families who negligent animal owners have harmed. Our legal team handles personal injury cases ranging from car accidents to dog bites and workplace injuries.
If you, your children, or a loved one has been injured by a dog bite in Illinois or in any other way by an animal and is looking for dog bite attorneys, contact the lawyers of Costa Ivone today so that we can start the process of getting you the compensation you deserve.
Start your free consultation here and take the first step toward recovery.