DGAA bLAWg

Recovering Compensation for Dog Bite Injuries

Web Admin - Thursday, August 23, 2018
Schaumburg dog bite injury lawyerPets are an important part of many people’s lives, and dogs, cats, and other animals are often considered to be full-fledged members of their families. However, as much as we love and bond with our pets, it is important to remember that they are animals, and situations can arise when they harm someone. Dog bites are unfortunately common, and those who are injured in these and other types of animal attacks should understand how Illinois law applies to their situation as they determine how to recover compensation for the harm they have suffered.

Liability and Compensation for Dog Bites in Illinois

The Illinois Animal Control Act states that when a dog or other animal bites or attacks someone, the animal’s owner is liable for the damages that were caused. Unlike some states, Illinois uses a “strict liability” standard when it comes to dog bites, meaning that an owner is liable for the injuries caused by their dog, regardless of whether they were aware that the dog was dangerous or had aggressive tendencies.

There are two exceptions to this liability standard. A dog’s owner may be free from liability if:

A person was injured after provoking the dog.
A person was trespassing or was not legally allowed to be in the location where the attack occurred.

Types of Dog Bite Damages

Those injured by dog bites should understand the extent of the damages they may be able to recover. These include:

Medical bills - Dog bites can result in a wide variety of serious injuries, including lacerations, broken bones, puncture wounds, injuries to the eyes or face, or severe scarring and disfigurement. An injured party should be able to recover the full costs of medical care, including any ongoing rehabilitation.
Lost income - If a person was unable to work while recovering from their injuries, or if the injury resulted in disability that affected their ability to earn an income, they may be able to recover these losses.
Pain and suffering - An injured person and their family may experience a great deal of physical and emotional pain as they make their recovery, and financial compensation can help them overcome these difficulties.
Property damage - If an animal attack resulted in torn clothing or damage to jewelry or other belongings, the victim should be compensated for these losses.

Due to the strict liability standard, Illinois has one of the highest rates of animal attack claims in the United States, second only to California. State Farm reported that it paid more than $14 million in dog bite claims in 2016, with an average of $43,000 per claim.

Contact an Arlington Heights Dog Bite Injury Attorney

If you have been the victim of a dog bite or other animal attack, you should work with an attorney to determine your best options for pursuing the financial compensation that will help you recover from your injuries. At Drost, Gilbert, Andrew & Apicella, LLC, our Crystal Lake personal injury attorneys will help you recover the full and fair compensation that you deserve. Contact us at 847-934-6000 to schedule a consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=051000050K16
https://www.isba.org/ibj/2017/06/lawpulse/illinoisleadsthepackindogbiteclaims

What Happens If a Pet Bites Someone?

Web Admin - Friday, July 24, 2015

Illinois dog bite lawyer, dog bite liabilityFor many of us, pets are considered another member of the family. While pet owners love their pets, they may end up costing their owners money if they bite another person through personal injury lawsuits. Though dogs and cats are the typical animal involved, Illinois law is applicable to all living creatures, other than human beings, which may be affected by rabies.  

Owner Responsibility

Under Illinois law, an administrator is appointed to attempt to control the spread of rabies and the overpopulation of dogs and cats. The administrator uses sterilization, humane education, rabies vaccines, impoundment, and any other means deemed necessary to accomplish these goals. The administrator is usually a veterinarian licensed by Illinois.

In the event that an animal bites a person, the animal is confined under the observation of a licensed veterinarian for 10 days. Immediately upon confinement, the veterinarian reports the clinical condition of the animal to the administrator. The report contains the owner’s name and address, date of confinement, breed, description, age and sex of the animal, and whether the animal has been spayed or neutered.

At the end of the confinement period, the veterinarian submits a written report to the administrator indicating the final disposition of the animal. If the animal has been inoculated against rabies and the veterinarian deems it satisfactory, the animal may be confined to a house or in any other manner in which it will be prohibited from biting a person for a period of 10 days. At the end of this confinement, the animal is examined by the veterinarian.

An owner who is aware that his or her animal has bitten someone must inform the administrator. It is illegal for the owner to euthanize, sell, give away, or otherwise dispose of the animal until it is released by the administrator.

If an animal, without provocation, attacks, attempts to attack, or injures a person, the owner of such animal is civilly liable to such person for the full amount of the injury proximately caused by the attack or attempted attack. This places owners under strict liability, meaning they can be ordered to pay damages without the victim proving negligence or any fault on the part of the owner; all that needs to be proven is injury caused by the animal.

In certain circumstances, a determination may be made as to whether a dog is considered a dangerous dog. This determination must be proven by a preponderance of evidence. The decision is made after meeting with the owner, gathering medical and veterinary evidence, and interviewing witnesses. A dog is not considered dangerous if the conduct that led to the inquiry was justified. Some examples of justified behavior is when the threatened person was harming the dog or the dog was protecting itself.

A determination that a dog is dangerous is appealable. The owner must file a complaint against the administrator in circuit court within 35 days of receiving the notice of the determination. The determination that a dog is dangerous places more responsibility on the owner, including mandatory spaying or neutering, microchipping, and adult supervision anytime the dog is in public.

Personal Injury Assistance

If you have been bitten by another person’s pet, it is possible that you have a valid claim for personal injury against the owner. For more information, speak with an experienced Illinois personal injury attorney at Drost, Gilbert, Andrew & Apicella, LLC. Our firm proudly represents individuals in areas such as Crystal Lake, Schaumburg, Rolling Meadows, and Arlington Heights.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

insurance claims Des Plaines gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys probate claims process field sobriety test Arlington Heights wills and trusts attorneys Palatine civil litigation lawyer Arlington Heights personal injury lawyer boating accidents DUI Kenilworth estate planning attorneys Palatine drug lawyer underage DUI health insurance dispute Arlington Heights insurance attorney fiduciary rule IRELA modern family estate planning Illinois will lawyer fault based insurance Palatine injury attorney criminal privacy laws premises liability FSLA Family Medical Leave Act Rolling Meadows personal injury lawyers new real estate form motorcycle accident lawyer eluding a police officer Buffalo Grove insurance claim dispute lawyers Illinois insurance attorney drug possession Illinois traffic attorney financial advisors Crystal Lake employment law attorney Illinois traffic laws auto accidents motorcycle accident Crystal Lake accident attorney Rolling Meadows boating crash lawyer forming a corporation in Illinois Palatine law firm Illinois law Fourth of July suspended license compensatory time Illinois tax attorney Arlington Heights accident attorney Inverness civil lawyer insurance attorney Barrington estate planning attorney capital gains tax guardianship attorney corporate law LLCs murder defense Deer Park workers compensation lawyer DGAA trucking accidents insurance claim delay Des Plaines personal injury attorney Rolling Meadows criminal attorney condo association Illinois estate planning Illinois insurance claim dispute lawyer employment attorney wage theft sole proprietorship BAC child safety commercial leases swimming pools Palatine elder law attorney Rolling Meadows real estate attorney Crystal lake insurance dispute attorney nursing home negligence contracts Des Plaines pet law attorney Buffalo Grove traffic lawyers Palatine employment lawyer Schaumburg Rolling Meadows corporate lawyer car accident lawyer Illinois business lawyer Illinois personal injury irrevocable trust foreclosed rental property Chicago trucking accident attorney driving Rolling Meadows Traffic Lawyer Illinois employment attorneys Palatine workers compensation lawyer probate digital information CAM Rolling Meadows Attorney Palatine traffic accidents Chicago employment attorney Illinois personal injury lawyer Barrington workers compensation attorney medical malpractice compensation sexual images insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Arlington Heights trucking lawyer personal injury claim Employment Discrimination Law Chicago lawyer defective products drunk driving Palatine punch death Arlington Heights traffic attorney criminal defense Rolling Meadows personal injury lawyer medical marijuana Long Grove estate planning attorney DUI attorney icy parking lots installment contracts car accident Schaumburg personal injury attorney Illinois boating accident lawyer personal injury Federal Food Drug and Cosmetic Act Illinois employment law hit and run accident Illinois medical malpractice attorney rumble strips Barrington employment attorney involuntary manslaughter right to work Palatine traffic lawyer Rolling Meadows Whistleblower Claims vacation home fines liability claims Crystal Lake medical malpractice attorneys pedestrian-automobile accident Palatine real estate lawyer special needs trust Buffalo Grove employment lawyer drugs residential real estate Illinois workplace discrimination attorney bicycle dooring accidents rest breaks construction accidents Rolling Meadows employment law attorney digital evidence bad faith insurance claims Crystal Lake employment attorney Arlington Heights lawyer Illinois employment laws hands free device defective products lawyer jet ski accidents Illinois real estate rollover car crashes comp time Forcible Entry digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers POA Illinois workers compensation lawyer estate planning anesthesia errors Illinois mortgages Crystal Lake tax lawyer llinois Real Estate Lawyers Association Rolling Meadows marijuana attorney boating DUI estate plan Illinois driving without license Palatine estate planning lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois probate lawyer cell phone Illinois criminal defense attorney traumatic brain injuries Schaumburg drug defense lawyer Palatine Attorney Buffalo Grove corporate attorney surgical mistakes operating agreements Des Plaines real estate lawyer Deer Park personal injury lawyer ACA reckless homicide wrongful termination Crystal Lake medical malpractice law firm personal injury law firm license suspension food poisoning Inverness DUI lawyer bike accident Arlington Heights wills and trusts lawyer underinsured motorist Schaumburg corporate attorney Long Grove real estate lawyer Illinois trucking safety estate planning for college students Legal Info DMV caretaker rights federal crimes civil litigation Arlington Heights wills and trusts attorney Illinois job attorney Des Plaines insurance attorney Illinois wrongful termination lawyer pedestrian injuries, pedestrian fatality license life insurance policy Do Not Resuscitate Schaumburg injury lawyer meal breaks power of attorney for healthcare mass shooting minimum wage Palatine probate lawyer Arlington Heights criminal lawyer Illinois civil litigation lawyer Crystal Lake medical malpractice lawyer college kids disability benefits Detainer Actions Barrington Illinois estate planning lawyer holiday statistics rent to own real estate contracts Inverness elder law lawyer accidental death benefits Crystal Lake injury attorney Illinois injury lawyer federal regulations for LLCs murder traffic laws social media after death Illinois corporate lawyer Jay Andrew Deer Park motorcycle accident lawyer power of attorney liens traffic violations Illinois defective products attorney whistleblower protections Arlington Heights car crash attorneys blood alcohol content revenge porn Arlington Heights TBI attorney distracted driving accidents Palatine insurance lawyer car collision Buffalo Grove medical malpractice lawyers Rolling Meadows insurance dispute lawyers Buffalo Grove personal injury lawyer uninsured motorist Crystal Lake insurance lawyer insurance agents Illinois speeding lawyer criminal law income distribution deducation estate tax Schaumburg Attorney DUI defense healthcare claims Crystal Lake civil litigation lawyer Inverness corporate attorney Illinois estate planning law firm Buffalo Grove probate lawyer Inverness injury lawyer Rolling Meadows medical malpractice lawyers Long Grove estate planning attorneys Illinois wills and trusts attorneys Arlington Heights wills and trusts lawyers Deer Park criminal attorney insurance dispute Chicago estate planning lawyer employee discrimination no contest clauses insurance claim healthcare Barrington Traffic Lawyer Deer Park traffic accident attorney Fair Labor Standards Act employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Illinois collections attorney slip and fall accidents natural gas dynasty trusts workplace sexual harassment Schaumburg personal injury lawyer Arlington Heights employment attorney Buffalo Grove personal injury attorney real estate lawyer trusts loss of consortium back injuries wrongful death Rolling Meadows estate planning attorney Thanksgiving Crystal Lake personal injury lawyer Illinois insurance dispute lawyers marijuana crimes attorney Des Plaines medical malpractice attorney car crash insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Arlington Heights car accident lawyer Rolling Meadows drug defense attorney unfunded trust trucking accident lawyers small business Illinois red light cameras personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys spinal cord injuries Barrington estate planning lawyer insurance denial appeals probate claims Deer Park traffic lawyer denial of life insurance Crystal Lake estate planning lawyer senior citizens Crystal Lake traffic lawyer first degree murder low-ball insurance settlement Illinois business law atorneys Inverness estate planning lawyer Barrington criminal defense lawyer Colin H. Gilbert Crystal Lake car accident lawyer startup company estate planning attorney Des Plaines motorcycle accident attorney Illinois medical malpractice lawyers truck collisions Kenilworth estate planning lawyer Barrington criminal lawyer Arlington Heights employment law attorneys traffic violations defense BUI Illinois Transfer on Death Instrument Inverness real estate lawyer Schaumburg employment law attorneys Illinois Sales Representative Act texting and driving pedestrian accidents insurance claim dispute Crystal Lake will lawyer comparative negligence Barrington drug crime attorney Illinois traffic accident lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation unauthorized overtime Home Sale Contingencies Illinois pedestrian accident attorney FMLA dog bites Class A misdemeanor digital media accounts, estate planning, Arlington Heights estate planning attorney, IRA benefits liability probate fees medical malpractice claims car crashes estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois real estate lawyer unpaid overtime Palatine employment attorney pizza emoji Transfer on Death Instrument preventable medical errors deed transfer Schaumburg probate attorney homestead rights fatal car accidents Des Plaines civil attorney Kenilworth estate planning attorney Illinois elder law attorney Illinois rollover accident lawyers Affordable Care Act fiduciary rule delay employment contract Palatine civil attorney Barrington litigation attorney DNR Barrington injury attorney Schaumburg medical malpractice lawyer dram shop law Chicago corporate attorney trustee Illinois small business Crystal Lake car accident attorney IRA trust transfer elder abuse Rolling Meadows tax attorney Mount Prospect wills and trusts lawyers Schaumburg estate planning lawyer Schaumburg civil litigation attorney Palatine construction attorney living trust benefits Des Plaines personal injury lawyer Self-Directed IRA Accounts denied insurance claim trust payments Illinois registered agent pedestrian accident Crystal Lake criminal defense attorney Crystal Lake pedestrian accident lawyer Barrington business law firm ken apicella Rolling Meadows DUI lawyer traffic deaths BAIID Arlington Heights personal injury attorney car accident lawyers Retaliatory Discharge Rolling Meadows probate lawyer marijuana Illinois DUI attorney Long Grove wills and trusts attorneys real estate attorney Mount Prospect real estate lawyer Illinois estate planning attorney insurance claim denials employees South Barrington real estate lawyer Barrington personal injury lawyer digital assets Illinois personal injury attorney pet law business litigation Joliet general practice lawyers Schaumburg car accident attorney advance healthcare directive Chicago biking tips Chicago employment lawyer construction contracts Crystal Lake personal injury attorney Chicago traffic lawyer Schaumburg criminal attorney wills and trusts Illinois personal injury lawyers employment lawyer independent contractor Deer Park real estate law firm estate planning lawyer Illinois Probate Act of 1975 Colin Gilbert spinal cord injury condo living trust cell phone tower data personal injury lawyer underfunded trust Schaumburg real estate lawyer Des Plaines claims law firm trauma after an accident tax attorney Palatine personal injury lawyer Rolling Meadows traffic attorney overtime pay Palatine employment law lawyer filing a medical malpractice claim landlord tenant law expungement Arlington Heights injury attorney natural gas explosion Des Plaines accident attorney Illinois Workers’ Compensation Commission drug crimes lawyer Schaumburg insurance lawyers traffic accidents boating under the influence Food and Drug Administration's Food Safety Modernization Act Long Grove estate planning Illinois wills and trusts foreclosure Deer Park accident attorney estate attorney Rolling Meadows insurance dispute lawyers, insurance dispute denied insurance claims Rolling Meadows car accident lawyers Palatine business attorney golf accidents Schaumburg estate planning attorney Inverness accident lawyer Illinois Wage Payment and Collection Act insurance claim dispute attorney Rolling Meadows litigation lawyer medication errors Barrington medical malpractice lawyers Illinois Smoke Detector Act automated cars severance agreements life insurance claims Mt Prospect Attorney Rolling Meadows accident lawyer employee rights Illinois workers compensation attorney Arlington Heights estate planning attorney crossover accidents Schaumburg elder law lawyer insurance negligence loopholes Rolling Meadows criminal lawyer cell phone accidents manufacturing privacy Chicago will attorney, social media platforms, Illinois estate planning lawyer, Illinois lawyer drunk driving statistics Des Plaines Traffic Lawyer real estate attorneys Illinois jet ski accident lawyer Illinois insurance claims lawyers Rolling Meadows personal injury attorney Schaumburg employment attorney Inverness probate lawyer Palatine criminal defense lawyer life insurance brain injury unpaid assessment Exclusions Buffalo Grove traffic attorney Buffalo Grove injury lawyer Des Plaines drug lawyer Rolling Meadows insurance attorney medical research Crystal Lake employment lawyer clemency vacation home Rolling Meadows business lawyer home inspection lawyer Rolling Meadows employment law attorneys Liquor Control Act Deer Park DUI lawyer Illinois insurance claim attorney bicycle accidents Buffalo Grove real estate attorney Illinois medical malpractice claim workers compensation benefits commercial leasing Des Plaines DUI attorney jet ski license reinstatement Des Plaines real estate attorney traffic offenses job lawyers Buffalo Grove law firm Chicago estate planning living trust vs will traffic tickets living wills Des Plaines drug crimes lawyer Illinois insurance lawyer Illinois home inspection Arlington Heights tax lawyer traumatic brain injury Home Remodeling Repair Act Chicago attorney license revocation Illinois traffic ticket lawyer employment law, Illinois employment laws real estate leasing Deer Park medical malpractice attorney Schaumburg construction accident lawyer Illinois attorney life insurance lawyer estate planning trusts DUI penalities Chicago car accident lawyer TBI caregiver Rolling Meadows employment attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, rollover accidents creditors employee misclassification Crystal Lake pet attorney texting while driving Deer Park employment law attorney controlled substance civil litigation attorney Illinois employment law attorney car crash injuries Chicago insurance claim attorneys wills Barrington attorney Schaumburg traffic lawyer IRS Arlington Heights pedestrian accidents Rolling Meadows insurance lawyer Schaumburg estate attorney Illinois living will Illinois insurance claim dispute lawyers car accidents owner responsibility problem employees Palatine corporate attorney South Barrington real estate attorney Illinois employee rights attorney. Arlington Heights real estate lawyer Illinois pet lawyer attorney fees pain and suffering Inverness insurance attorney Illinois insurance disputes Inverness personal injury attorney Inverness real estate attorney Illinois LLC creation real estate zoning Palatine corporate law attorneys murder charges institutional trustee Illinois employment law firm Illinois construction accident attorney Des Plaines tax law firm medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Barrington boating accident attorney Illinois employment lawyer Barrington employment law firm real estate Illinois trusts attorney landlord gift taxes probate process workers compensation sexual harassment paid sick leave Landlord Tenant Ordinance Barrington personal injury attorney hiring employees Illinois medical malpractice case Illinois car accident attorney Mount Prospect elder law attorney taxes Barrington civil litigation attorney product liability dealing with problem employees changes to mortgage law Attorney Ken Apicella medical malpractice Chicago will attorney elder law speeding Crystal Lake law firm Arlington Heights medical malpractice lawyer blended families work unions Illinois Rolling Meadows traffic law firm insurance denials Illinois bicycle safety Super Mario probate lawyer employment law trench injuries insurance disputes workers comp insurance claim denial Schaumburg criminal law attorney personal injury attorney agent Des Plaines criminal attorney pet bites products liability Buffalo Grove car accident lawyer Policy Cancellation Des Plaines injury law firm insurance adjusters pay when paid contract internet ObamaCare preventing accidents appealing an insurance claim Schaumburg personal injury lawyers Riverwoods estate planning lawyer overtime violations Illinois traffic attorneys Chicago insurance law firm insurance agent negligence Crystal Lake business law attorneys personal injury accidents drug crimes criminal record head on collisions Schaumburg wrongful death attorney Illinois motorcycle accident lawyer breathalyzer test mortgage consent to a search deadly crashes Barrington employment law attorney PTSD Arlington Heights Attorney breach of contract subcontractor commercial real estate pregnant women School Visitation Rights Act GM ignition switches distracted driving accident victims Barrington real estate lawyer Inverness traffic law firm Crystal Lake traffic attorney Long Grove real estate attorney personal injury claims insurance dispute attorney real estate closing civil rights violation Crystal Lake bike accident lawyer Illinois Human Rights Act Illinois workplace lawyer drug crime Des Plaines personal injury lawyers Arlington Heights Traffic Lawyer investment property Des Plaines collections attorney real estate contract Illinois employment law attorneys traffic crimes Palatine trusts lawyer slip and fall in terrorem provision Buffalo Grove criminal defense lawyer

Archive