We repeatedly get the same questions regarding Illinois dog bite law. As such, we put together this list of frequently asked questions or FAQs on dog bite law in Illinois.
My name is Barry Zlotowicz and I am an experienced Chicago dog bite lawyer. If you were bitten by a dog or other animal, contact me at 847-305-4105 for a free consultation.
What Law Applies to Dog Bites in Illinois?
Illinois dog bite law is governed by 510 ILCS 5/16. The statute provides that where a dog (or other animal) attacks an individual without provocation the owner of the animal is liable to the injured person for the full amount of his or her injuries.
Under Illinois Dog Bite Law is the Dog’s Owner Strictly Liable?
Yes. A dog owner is strictly liable for animal attacks and is liable for the full amount of the injured party’s damages.
Is Illinois law more or less strict than other states?
Illinois dog bite law is significantly stricter than many other states. In Illinois, if a dog bites, the owner is on the hook for the damages.
Other states may follow a negligence theory of liability meaning you have to weigh whether the dog owner breached his or her duty of care in managing his/her animal.
And some states follow a “one-bite rule.” This means that an animal owner is not on the hook the first time their animal bites someone. It should be called the “one-bite free” rule.
Are There Defenses to an Illinois Dog Bite Case?
Yes, there are defenses in a dog bite case, even in a strict liability state. An experienced dog bite lawyer will typically raise several defenses:
- If the owner can establish that the dog was provoked by the injured party, then he or she may not be liable.
- Second, if the injured party was trespassing on private property when attacked by the dog the owner will may not be liable for the injuries.
What is the Justice for Buddy Act?
The Justice for Buddy Act is a law that was enacted in Illinois to protect dogs from more vicious animals. In this case, a small dog named “Buddy” was killed by a neighbor’s dog.
The law comes into effect when a dog that has been deemed “dangerous” is found to be off its leash twice within the 12-month period following the designation. In such cases, the owner is said to be a “reckless dog owner” and will have to forfeit their dogs to a shelter, rescue or sanctuary. Then the owner will be prohibited from owning dogs for a period of three years.
The Justice for Buddy Act took effect on January 1, 2019.
What is the Statute of Limitations in Illinois Dog Bite Cases?
In Illinois an injured party has two years from the date of the injury to file a complaint in court. If the case is not filed within two years, the injured party will lose the right to receive compensation for his or her injuries.
The statute of limitations for minors bitten by dogs is different.
Thus, it is important to consult with an experienced dog bite lawyer so that you are aware of your rights and important deadlines.
What Should I do if I Have Been Attacked?
If you have been bitten or attacked by a dog or other animal, it is important to seek immediate medical attention.
Medical care for dog bites varies as do the injuries suffered by dog bite victims. There is always a risk of infection from the dog’s saliva getting into the wound. Therefore, your medical provider may or may not close the wound with sutures. Thereafter, the wounds should be cleaned regularly.
It is also important to find out whether the dog has been immunized. If not, you may need a tetanus shot or additional vaccinations.
Once you have received medical attention, it is important to consult with an experienced lawyer for dog bite to ensure that you are aware of your rights. Live in Glenview? Our Glenview dog bite lawyer at The Chicago Legal Group has successfully assisted clients in receiving full compensation for their injuries. Please contact us today for a free consultation.