Does Your Dog Bite?
Dog bites are serious. But whenever I think of dog bites, I remember the 1976 movie “The Pink Panther Strikes Again.” It made a 12-year-old me laugh hysterically. Arguably, in many ways, my sense of humor may still be that of a 12-year-old boy, but that’s a story for another time.
There is a scene where the hapless Inspector Clouseau, played brilliantly by the now deceased Peter Sellers, asks an innkeeper “Does your dog bite?” The innkeeper answers “no,” prompting Sellers to stoop to pet the small and seemingly friendly dog. Of course, the dog bites him. He then confronts the innkeeper by stating “I thought you said your dog did not bite!” The innkeeper responds, “that’s not my dog.”
Funny. It’s not reality. No actual French inspectors were harmed.
But getting bitten by a dog is serious and can be incredibly painful. I’ve been bitten myself. It hurts, can scar, and, in drastic cases, can be fatal.
The simple fact is that if you own a dog, you ARE liable for any damages it causes, not just bites. This includes if your dog knocks someone over!
Dog Law 101
Illinois is a strict liability state with regard to dog bites. This means that if you are the owner of, or person in control of, a dog or other domesticated animal, you are liable for any injuries it causes. As long as the person who is injured doesn’t provoke the dog and isn’t trespassing, they will recover damages against you. In other words, unlike other negligence cases, there is no need to prove a duty, breach of that duty, or that the dog owner/controller did anything wrong.
The law controlling all this is the Animal Control Act, with the relevant portion being 510 ILCS 5/16: 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. (Source: P.A. 94-819, eff. 5-31-06.).
There are also dangerous dog laws and leash laws in some municipalities. For instance, there is a section of the Chicago Municipal Code that defines a “dangerous animal.” The CMC Section 10-36-020 requires dogs to be kept on leashes.
In all cases, the statute of limitations requires the injured person to file a lawsuit within two years of the date of injury. If the injured person is a minor, they would have until they turn 20 years old to file a suit in most cases.
Recovery and Insurance—What Everyone Needs to Know
Since you are strictly liable for any injuries your dog causes, it stands to reason that if you own a dog, you absolutely should obtain homeowner’s insurance. If you do not own a home, make sure you purchase renter’s insurance that covers dog bites. That way, if you are sued or a claim is filed against you, you hand it over to your insurance company and they will hire lawyers to defend you as part of your policy and at no additional charge. Obviously, the insurance will pay whatever you are liable for per the terms of your insurance policy.
If you own a dog, you should have insurance!
What to Do if You Are Injured By a Dog
The same script that should be followed in auto crashes, slip and fall cases, and even in most workers’ compensation cases (with some modifications) applies to dog injuries.
The first thing you do is document everything. If you are right there at the scene, get as much information as possible about the dog, the dog owner, the dog tag information, and take photos of the dog and owner, as well as your injuries. Obviously, some people are very cooperative and apologetic, while others are not. Don’t push too hard if the dog owner/walker is uncooperative or combative. Get what you can.
Next, you should get medical treatment. It helps to document what happened as close to the time of the injury as possible, and it also helps you avoid infection and more serious injuries.
After that: file a police report.
Do NOT give any statement to any insurance company. Sometimes, the insurance company will call you up to “see how you are doing.” Never fall for this! They don’t actually care how you are doing; they are hoping you will make a statement that they can use against you. Don’t take these calls. Instead, that’s why you need to see a lawyer!
Finally, talk to a personal injury lawyer. Depending on the seriousness of your injuries, you may need a lawyer to handle your claim. Dog bite and other injury cases are not something you should handle yourself.
If Your Dog Injuries Someone, Do This
Get the injured person’s information.
Take photos of any injuries, the scene, and your dog to document the situation. If you have a five pound tiny dog and this person alleges a serious injury, your documentation may put things in context (or prove they really were injured elsewhere!).
File a police report.
Report the incident to your insurance company.
Takeaways
- Dog injuries are covered by strict liability in Illinois
- Various municipalities have laws that require leashing of dogs and often define dangerous dogs
- Insurance will cover dog injuries. If you own a dog, get insurance!
Contact Chicago Personal Injury Lawyer Stephen Hoffman
As in all cases involving dog bites or other injury and potential liability, if you have been injured you should immediately get medical treatment, report the injury to police and your own insurance company, and contact a lawyer with expertise in your type of case.
If you've been bitten by a dog and have questions, contact Chicago personal injury attorney Stephen L. Hoffman for a free consultation at (773) 944-9737. Stephen has over 30 years of legal experience and has collected millions of dollars for his clients. He is listed as a SuperLawyer, has a 10.0 rating on Avvo, and is BBB A+ accredited. He is also an Executive Level Member of the Lincoln Square Ravenswood Chamber of Commerce.
Stephen handles personal injury claims on a contingency fee basis, which means you don’t pay anything up front, and he only gets paid if you do. Don’t wait another day; contact Stephen now.