Dog Bite Liability In Illinois



Owning a dog can certainly be a fun and fulfilling experience, particularly once you first bring home that cute little puppy that the youngsters can't get enough of. But dogs, although certainly domesticated, are descendants of untamed pack animals. And although dog breeds are bred for domesticity, there is no getting faraway from their genetic heritage. Dogs can bite. And once they do, massive damage may result . The American Society of Plastic Surgeons, during a 2002 article discussing dog bites and cosmetic surgery , found that during a study of sixteen cases, there have been a complete of twenty-seven facial fractures. Ninety percent of the cases involved children under sixteen years aged . Seventy percent of the cases involved fractures of the bones surrounding the eyes, nose or jaw.

Every state has passed laws governing the liability of dog owners whose dogs have attacked someone. Typically, the dog owner is legally susceptible to pay full compensation to a bite victim. These damages will include compensation for the victim's physical and emotional pain and suffering, also as reimbursement for medical and hospital expenses. If there's homeowners insurance during a sufficient amount, the insurance can pay . Otherwise the cash comes out of the dog owner's pocket.

In Illinois this is often really a sort of a strict liability law. there's no "one bite rule" in Illinois, unlike some states. The "one bite rule" imposes liability on a dog owner as long as the owner had knowledge that the dog was susceptible to biting, as an example , if the dog had bitten someone before.

Dog owner liability law in Illinois is expressed within the state code, which states: "If a dog or other animal, without provocation, attacks, attemptsto attack, or injures a person who is peaceably conducting himself or herself in anywhere 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 complete amount of the injury proximately caused thereby." "Owner" means a person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits a dog to stay on any premises occupied by him or her. (510 Illinois Compiled Statutes 5/2.16).

So, in Illinois a victim can recover damages against the dog's owner if he or she proves:
• that the dog caused the injury;
• that the defendant owned the dog;
• that the injured person didn't provoke the attack;
• that the injured person was acting during a peaceful manner at the time of the injury; and
• that the injured person was during a place where he had a right to be at the time of the injury.

In Illinois, the sole defense could also be if the victim is trespassing on the dog owner's property, or if the victim had been provoking the dog (and therefore not "peaceably conducting himself.") Moreover, if the dog owner had knowledge that his dog was a "biter," in other words, dangerous or vicious, the owner also can be held susceptible to the victim for exemplary damages - which can not be covered by a homeowners policy , and will amount to a considerable sum.

Under the statute, the plaintiff needn't prove negligence. so as to recover under the common law, the plaintiff must prove that the dog owner was negligent at the time of the injury.

What is a vicious or dangerous dog? In Illinois, a vicious dog is one that:
• when unprovoked, bites or attacks a person's being or other domestic animal;
• features a known propensity, tendency, or disposition to attack without provocation, to cause injury or otherwise endanger the security of citizenry or domestic animals; or
• features a trait or characteristic and a generally-known reputation for viciousness, dangerousness, or unprovoked attacks on a person's or other animals, unless handled during a particular manner or with special equipment.

If you're the unfortunate owner of a vicious dog in Illinois, as defined above, you've got additional responsibilities. Illinois law states that vicious dogs must be enclosed during a fence or structure a minimum of 6 feet high that forestalls entry of young children and prevents escape of the animal. the sole times a vicious dog is allowed outside the enclosure are to travel to the vet or to suits a writ . If taken outside the enclosure during these times, the dog must be securely muzzled and restrained with a sequence having a lastingness of 300 pounds and not exceeding 3 feet long .

So, when the youngsters are pressuring you to urge a dog, whether it's a grown dog from the pound, or that cute little puppy at the breeder's or pet store, don't concede to the pressure until you give the thought of dog ownership some serious thought. it might probably be knowing research the breed of the dog you're curious about , because some breeds are more aggressive toward people than others. If considering a grown dog, do your best to research the history of the dog, and therefore the environment it came from. Some careful consideration before you bring Fido home may prevent a world of pain, financial and emotional, down the road.