In Illinois, dog owners have a legal responsibility to properly train and restrain their pets. When owners fail to do so, they can be held liable if their dog attacks or injures someone. This article will examine Illinois laws regarding dangerous dogs, dog bites, and negligence of owners. We’ll also discuss how victims can take legal action if they’ve been injured by a dog with an irresponsible owner.
Illinois Dangerous Dog Laws
Illinois has laws in place to protect the public from dangerous and vicious dogs. According to the Illinois Animal Control Act, a “dangerous dog” is defined as one that:
- Without justification, attacked a person and caused serious injury or death
- Has a known propensity, tendency, or disposition to attack without provocation, as demonstrated by its repeated attacks or attempted attacks
If a dog is designated as “dangerous” under Illinois law, there are strict requirements for owners:
- The dog must be spayed or neutered
- The owner must obtain liability insurance coverage or a surety bond for at least $50,000
- The dog must be kept in a proper enclosure and can only be out if muzzled and on a leash no longer than 6 feet
- The owner must display “beware of dog” signs on their property
- The dog must be microchipped for identification
There are also penalties for owners of dangerous dogs who do not follow these regulations. Violations can result in fines of $500 to $10,000 and the dog may be impounded and euthanized.
In addition to “dangerous dogs”, some municipalities in Illinois also have regulations regarding “vicious dogs.” These are dogs that have been found to pose a threat to public safety. Local ordinances may define a vicious dog as one that has:
- Severely injured or killed a person or companion animal without justification
- Been trained or used for dog fighting
- Been allowed to run at large multiple times after the owner has been notified
Owners of dogs labeled as vicious may face misdemeanor charges, fines, and even jail time if their dog attacks again. The dog may also be seized or destroyed. It’s important for owners to understand their local laws regarding vicious dogs in order to avoid penalties.
Dog Bite Laws and Owner Liability
When a dog bites someone in a public place in Illinois, the owner is automatically liable. The bite victim does not have to prove the owner was negligent. This is known as “strict liability.”
If a bite occurs on the dog owner’s property, the victim must show the owner was negligent in order to get compensated. Signs of negligence can include:
- Failure to properly train the dog
- Failure to restrain the dog
- Failure to warn visitors about a dog with known aggressive tendencies
- Failure to take reasonable precautions with a dangerous dog
In negligence cases, Illinois follows the “one bite rule.” This means owners are only liable if they knew or should have known the dog had a history of violence. However, if the owner violated a local leash law or animal control ordinance, they can be considered negligent without any proof of a previous bite history.
Some examples of negligence that could make an owner liable include:
- Letting their dog run loose in an area with a leash law
- Using a retractable leash in an area that requires dogs to be restrained on 6ft leashes or less
- Failing to muzzle a dog with a known history of biting
- Allowing a dog to stay in a front yard unfenced, unleashed, and unsupervised
Even if the dog had never bitten before, if the owner disregarded a safety law or didn’t take proper precautions, they can be held responsible for an attack.
What Can Dog Bite Victims Recover?
When dog owners are found liable in an attack, there are a few categories of damages victims can recover:
- Medical expenses – Any costs related to immediate treatment, follow-up care, physical therapy, etc. This can also include estimated future medical costs.
- Lost wages – If the bite caused the victim to miss work for recovery, they can claim lost income. This includes both missed time already incurred and estimated future lost wages.
- Disability or disfigurement – Permanent scarring or loss of limb function can warrant compensation. The more severe the injury, the higher the damages. Significant scars, especially on the face, can result in additional compensation.
- Pain and suffering – Dog bites can be traumatic and the victim can be compensated for physical and emotional distress. Things like PTSD from a dog attack would fall under this category.
- Property damage – If the victim’s clothing, belongings, etc. were damaged in the attack.
- Loss of normal life – If the injuries restrict the victim’s ability to participate in activities they previously enjoyed, additional damages may be awarded.
- Punitive damages – Meant to punish the owner for negligence, these are only awarded in extreme cases of recklessness.
- Wrongful death damages – If the dog attack resulted in a death, the victim’s family may file a wrongful death lawsuit. This can include funeral costs, loss of future earnings the victim could have provided, and more.
To get an idea of the potential value of a dog bite case, victims should speak with an attorney. An experienced lawyer can examine the specific details of the incident and injury to provide a valuation range. This will account for both economic and non-economic damages.
Seeking Justice with a Dog Bite Lawyer
The laws surrounding dog bites and owner liability can be complex. Victims should contact an experienced Illinois dog bite attorney to fully understand their rights after an attack. A lawyer can help victims:
- Prove negligence of the dog owner
- Get the highest compensation possible
- Make sure bills and lost wages are covered
- Hold the owner accountable for any violations
- Deal with the owner’s insurance company
- Negotiate a fair settlement or take the case to trial if needed
At Monge & Associates, our attorneys have extensive experience in Illinois dog bite cases. We thoroughly investigate the circumstances that led to the attack to build the strongest case possible. Our goal is to seek maximum compensation so you can move forward after a traumatic incident.
Don’t hesitate to contact us if you’ve been injured by a poorly restrained or trained dog in Illinois. We have 32 offices in 19 states, including Illinois, Kansas, and Missouri, and we offer free, no-obligation consultations to discuss your situation and legal options. With an aggressive attorney on your side, you can make sure the irresponsible owner is held fully liable under the law. Call now for a free consultation on (888) 477-0597.