Dog Bite - Liability for Dog Owners in Illinois
Dog Bite - Liability for Dog Owners in Illinois
Owning a dog can certainly be a fun and fulfilling experience, particularly when you first bring home that cute little puppy that the kids can't get enough of. But dogs, although certainly domesticated, are descendants of wild pack animals. And although dog breeds have been bred for domesticity, there's no getting away from their genetic heritage. Dogs can bite. And when they do, massive damage can result. The American Society of Plastic Surgeons, in a 2002 article discussing dog bites and plastic surgery, found that in a study of sixteen cases, there were a total of twenty-seven facial fractures. Ninety percent of the cases involved children under sixteen years of age. 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 liable to pay full compensation to a dog bite victim. These damages will include compensation for the victim's physical and emotional pain and suffering, as well as reimbursement for medical and hospital expenses. If there is homeowners insurance in a sufficient amount, the insurance will pay. Otherwise the money comes out of the dog owner's pocket.
In Illinois this is really a kind of a strict liability law. There is no "one bite rule" in Illinois, unlike some states. The "one bite rule" imposes liability on a dog owner only if the owner had knowledge that the dog was prone to biting, for instance, if the dog had bitten someone before.
Dog owner liability law in Illinois is expressed in the state code, which states:
"If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place 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 full amount of the injury proximately caused thereby."
"Owner" means any 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 remain 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 did not provoke the attack;
that the injured person was acting in a peaceful manner at the time of the injury; and
that the injured person was in a place where he had a legal right to be at the time of the injury.
In Illinois, the only defense may 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 can also be held liable to the victim for punitive damages which may not be covered by a homeowners insurance policy, and could amount to a substantial sum.
Under the statute, the plaintiff need not prove negligence. In order 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 human being or other domestic animal;
has a known propensity, tendency, or disposition to attack without provocation, to cause injury or otherwise endanger the safety of human beings or domestic animals; or
has a trait or characteristic and a generally-known reputation for viciousness, dangerousness, or unprovoked attacks on a human or other animals, unless handled in a particular manner or with special equipment.
If you are the unfortunate owner of a vicious dog in Illinois, as defined above, you have additional responsibilities.
Illinois law states that vicious dogs must be enclosed in a fence or structure at least 6 feet high that prevents entry of young children and prevents escape of the animal. The only times a vicious dog is allowed outside the enclosure are to go to the vet or to comply with a court order. If taken outside the enclosure during these times, the dog must be securely muzzled and restrained with a chain having a tensile strength of 300 pounds and not exceeding 3 feet in length.
So, when the kids are pressuring you to get a dog, whether it be a grown dog from the pound, or that cute little puppy at the breeder's or pet store, don't give in to the pressure until you give the idea of dog ownership some serious thought. It would probably be wise to research the breed of the dog you are interested in, 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 the environment it came from. Some careful consideration before you bring Fido home may save you a world of pain, financial and emotional, down the road.
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