Dog Bites and Illinois Law
While most dogs are loyal, lovable, and considered part of the family, they can also be unpredictable, especially when they feel threatened. If you’ve suffered an injury due to a dog bite, it may be covered under the specific Illinois statute of 510 ILCS 5/16 and you may be eligible for compensation.
To prove that a dog’s owner is responsible for the bite which caused your injury, you must demonstrate that: the dog injured, attacked, or attempted to attack you; you had a lawful right to be in the place you were when you were injured, and the dog was not provoked. These may apply in a variety of locations, such as in a friend’s house, jogging down the street, or visiting a place of business.
Generally, there are two legal theories that apply to dog bites: “negligence” and “strict liability.” Illinois uses the “strict liability” theory, which means that the dog’s owner cannot use the defense that he/she had no warning or knowledge of his/her own dog’s aggressive tendencies. If the dog injures an individual without provocation, the dog’s owner will usually be held liable. However, there are two defenses available to the owner, which are provocation and trespassing. A trespasser on private property cannot hold a dog’s owner liable for a dog bite, as he/she was not lawfully on the property at the time, and 510 ILCS 5/16 simply does not cover cases in which the dog was directly provoked. If the owner can demonstrate that the victim provoked the dog before being bitten, the owner may not be legally liable for the injury.
If you or a loved one has been injured due to a dog bite, contact 844 See Mike, LLC for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
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