According to a report issued by the Insurance Information Institute, dog-bite insurance claims totaled $412 million in 2009, with the average claim costing, $24,480. Dog bite liability claims now account for more than one-third of all home owner’s liability insurance claims, and have grown 30% over the past six years, according to the Institute. Under Illinois law, anyone who suffers a dog attack can recover compensation if that person is neither provoking the dog nor breaking the law at the time of the attack.
Illinois law (510 ILCS 5/16, Section 16,) holds the dog owner liable for the full amount of damages caused by the animal. These damages include medical treatment received, cosmetic surgery to repair bite damage, psychological counseling for paranoia and phobia, other mental anguish suffered as a result of the attack, and lost wages.
The dog-bite statute includes attacks from other dangerous animals as well as injuries sustained while evading animal attack. The dog –bite statute does not protect those without a legal right to be in the place where they are attacked. Thus, those who are breaking and entering or criminally trespassing cannot sue for damages sustained by dog attacks.
In order to make a dog-bite claim, one must prove (a) the identity of the animal that attacked them (b) the identity of the owner (c) that one was attacked by the dog (d) that it was the dog bite that caused the injuries claimed and (e) that one had the legal right to be in the place where he/she was attacked.
In Illinois, animals are covered under strict liability law. This means that one need not prove negligence on the part of the owner to recoup damages. Rather, one need only establish that the dog did in fact cause injury to the plaintiff. For instance, if a dog breaks its leash and attacks the neighbor’s child, then the owner of the dog is liable to all damages that the child sustains.
According to the CDC, more than 4.7 million Americans suffer dog bites every year, with 1-in -5 requiring medical attention. While some attacks are minor in nature, others are far more serious and can lead to disability, amputation and death. The CDC estimates that 16 people die of dog attacks each year. Just last year, Alex Angulo was mauled to death by two Rottweilers one Chicago’s southwest side. His new foster parents owned the dogs (Chicago Tribune.)
The perennial suggestions for keeping your family safe from dog attacks include spaying or neutering your dog, paying close attention to the breed and keeping close supervision of children with dogs. However, careful as you are with dogs inside the home, you cannot always protect from dogs outside. This is where civil litigation comes in.
If you or your child has suffered a dog bite, you are entitled to legal recompense. Sometimes, when the evidence is overwhelming, the dog owner may prefer to settle the case out of court. In other instances, the case is complex enough to go before a judge. In either scenario, it will be worthwhile to consult a personal injury lawyer to ensure that you receive just compensation for your injuries.
The attorneys at Dolan Legal are willing to help you every step of the way. Please call us at 312.6976.7600 for your free consultation.
–Steven Flores