States have their own rules dealing with dog bite cases, setting different accountability standards. Specifically in Illinois, there’s a stringent rule called ‘strict liability’ in place, as per the Mike Agruss Law firm based in Chicago. This means that, typically, if a dog harms someone, its owner is held accountable, regardless of whether or not the dog has shown aggression previously or if the owner was aware of such behavior. However, certain critical factors can affect dog bite cases in Illinois. Here’s what you should be aware of:
Illinois Animal Control Act & Strict Liability
As per the Illinois Animal Control Act– 510 ILCS 5/16, a dog’s owner will be accountable for harm their pet does if the attack happens on someone who is legally present at the location, either on public or private property. A victim won’t need to prove the owner’s negligence, and despite an owner’s unawareness of the dog’s previous aggressive actions, they can be held responsible.
Comparative Fault in Dog Bite Incidents
One major factor that can influence a dog bite claim in Illinois is the victim’s contribution to the incident. In some scenarios, the victim might be blamed for a portion of the accident through the state’s modified comparative fault law. This could lead to a deduction in the compensation equal to the percentage of blame put on the victim. However, if a victim is found to be more than 51% at fault, they forfeit their right to compensation. That’s why legal representation is crucial in these cases.
Despite these strict rules, if someone has trespassed on the dog owner’s property or provoked the dog, this could potentially affect the success of their claim. A dog owner may argue that the trespasser’s actions primarily led to the incident, but in such cases, the dog owner can still be deemed partly responsible.
Negligence Claims
While strict liability is usually pursued in dog bite cases, victims can also file a negligence claim against the dog’s owners. In these claims, the victim must prove that the dog owner failed to control their pet responsibly. Professional legal advice should be sought to ensure the type of claim pursued is the best fit for each individual situation.
As a dog bite victim, you may also be eligible for compensation for other harm, such as emotional trauma from developing a fear of dogs or public places, or having recurring memories of the incident. These can be considered in non-economic and economic damages.
Another important factor to consider in dog bites is the transmission of diseases such as rabies. This could result in significant medical expenses. Therefore, it’s essential to consult a lawyer quickly if you’ve been injured and wish to seek legal action.
