Illinois Animal Attack Law
Under the Illinois Animal Control Act, an owner may be liable when a dog or other animal, without provocation, attacks, attempts to attack, or injures a person who is peaceably conducting themselves in a place where they may lawfully be.
That means a claim under the Act does not necessarily depend on proving that the owner previously knew the animal was dangerous. The facts still matter, particularly questions involving ownership, provocation, where the injured person was located, and whether the person's conduct was lawful and peaceable.
Other negligence theories may also be relevant depending on the circumstances.
More Than a Bite
Animal cases are not limited to bite wounds. A dog may knock someone down, chase a bicyclist into traffic, cause a fall, or otherwise injure a person without biting. The statutory language can apply to attacks, attempted attacks, and injuries, so the mechanism of injury should be evaluated carefully.
Evidence to Preserve
Photographs of the injuries, photographs of the animal and location, veterinary or ownership information, witness names, animal control records, medical records, and communications with the owner may become important.
For visible scars, healing should also be documented over time. Scarring can change substantially over the months following an injury, and later photographs may help show whether it remained permanent.
What Damages May Be Available?
Depending on the injury, a claim may include medical expenses, lost income, pain and suffering, disability, disfigurement, psychological effects, and other losses supported by the evidence. A child who suffers a facial scar may present very different long term concerns from an adult who sustains a hand injury or fracture.
The value of a claim depends on the actual consequences, not simply the fact that a bite occurred.
What if the Owner Says I Provoked the Animal?
Provocation is often a central issue. The analysis can be fact specific and should consider what the injured person actually did, whether the response of the animal was connected to that conduct, and the surrounding circumstances.
An accusation of provocation should not simply be accepted without examining the evidence.
Who Pays a Dog Bite Claim?
Homeowners, renters, farm, commercial, or other liability insurance may provide coverage depending on the owner, location, policy language, and circumstances. Coverage should be evaluated rather than assumed.
If you or your child has been injured by a dog or another animal, Michael J. Lucas & Associates, LLC can review what happened, evaluate the potential statutory and negligence claims, and help you understand the insurance and damages issues involved.
Areas We Serve
Michael J. Lucas & Associates, LLC assists clients throughout Boone County, Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County.
Our office serves clients throughout Northern Illinois, including Addison, Algonquin, Antioch, Arlington Heights, Aurora, Barrington, Bartlett, Batavia, Belvidere, Bloomingdale, Bolingbrook, Buffalo Grove, Carpentersville, Cary, Chicago, Crystal Lake, Deerfield, Des Plaines, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Evanston, Fox Lake, Fox River Grove, Frankfort, Geneva, Glen Ellyn, Glenview, Grayslake, Gurnee, Hanover Park, Hampshire, Harvard, Highland Park, Hoffman Estates, Huntley, Joliet, Lake Barrington, Lake Forest, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lisle, Lockport, Lombard, Marengo, McHenry, Mokena, Mount Prospect, Mundelein, Naperville, New Lenox, Northbrook, Palatine, Park Ridge, Plainfield, Poplar Grove, Prospect Heights, Rolling Meadows, Romeoville, Roselle, Schaumburg, Shorewood, South Elgin, St. Charles, Streamwood, Sugar Grove, Vernon Hills, Waukegan, West Chicago, Wheaton, Wheeling, Wilmette, Winfield, Wood Dale, Woodridge, and Woodstock.