Every year, more than 4.5 million people are bitten by dogs in the United States. Most dog bites involve children, and these young victims are more likely to be severely injured in a dog attack.
When a dog attacks a child, it can be a traumatic experience. Physical injuries sustained in dog bite attacks range from puncture wounds and lacerations to fractures, scarring, and disfigurement. Emotional trauma from the incident can lead to other mental health issues.
When a dog bites your child, and the dog’s owner is a friend or family member, it can make that traumatic experience a particularly uncomfortable one as you try to recover compensation for the injuries your child suffered. Fortunately, pursuing compensation for injuries sustained in a dog bite attack does not need to strain the relationship with your family member. Suing your family member is not your only option for recovering damages.
Illinois Strict Liability Law for Dog Bites
Laws regarding dog bites in Illinois differ from other states. Illinois has a strict liability law, which means that the dog’s owner is liable for any injuries caused by the attack, regardless of whether or not the owner was aware that the dog was capable of attacking. Keep in mind that this law applies in situations where the victim was conducting themselves peacefully in a place that they are legally permitted to be; if the victim intentionally provoked the dog or was trespassing on the owner’s property, then the dog owner may not be held liable for the injuries caused by the dog. Illinois’ strict liability law applies to dog bites, dog clawing, or dog jumping that causes the victim to fall.
Filing a Dog Bite Accident Claim With the Dog Owner’s Homeowners and Renters Insurance
Dogs are animals, and their behavior is not always predictable. When a dog bite accident occurs, and the dog owner is a family member or friend, this relationship should not preclude you from pursuing compensation for the injuries that were sustained. Dog bite accidents are usually covered under the dog owner’s homeowners or renters insurance policy, and any compensation is paid by the liability coverage, not by your family member.
Having the dog owner file an accident claim with their insurance company is standard procedure. It should not be viewed as a personal attack against the family member or a way to punish them for their dog’s actions. It is important to note that sometimes there are exceptions to dog bite accident coverage, such as if the homeowner policy expressly excludes that type of dog breed from being covered due to that breed’s inherent nature to behave dangerously.
Pursuing Damages With a Personal Injury Lawsuit
In dog bite accident cases where the law of strict liability does not apply, you may pursue damages based on the standard of negligence in a personal injury claim. To do so, you must demonstrate that the dog’s owner knew the dog was dangerous and failed to protect the victim, and the victim was injured due to that negligence.
If the victim behaved in a way that contributed to the dog bite attack, Illinois follows what is known as modified comparative negligence laws. This means that the victim’s compensation for the dog bite injuries will be reduced according to their level of responsibility for the incident. If the victim was more than 50 percent responsible for the dog bite attack, they may not recover compensation for their injuries.
In Illinois, the statute of limitations for dog bite accidents is two years from the time of the incident. When the victim is a minor, the statute of limitations is extended until two years after the child turns 18 years of age.
Recover Maximum Compensation for Your Dog Bite Injury
The personal injury team at Cullotta Bravo Law has been serving accident victims in Aurora and Naperville, Illinois, for more than 30 years. Our experienced accident attorneys work with you to recover the maximum compensation for your dog bite injury without putting any strain on the relationship with the dog’s owner. Contact our personal injury attorneys to schedule a free consultation or call them at 630-898-7800.