When you are bitten by a dog, who is at fault for the injury? Most of the time, the dog’s owner is the one who will be held legally responsible. Below are some of the most important things to keep in mind when determining fault.
In Illinois, dog bites follow what is called a strict liability rule. This means that if the victim shows that the dog attacked them, they can be compensated for their medical expenses, along with other damages. Victims do not have to prove that the owner knew the dog was dangerous, nor do not have to prove negligence.
The dog owner will be liable for the full amount of injuries in cases where the dog attacks, try to attack, or injures a person who does not provoke the dog, has the legal right to be in the place where the incident occurred, and is peaceably conducting themselves. This does not apply if the victim was trespassing or breaking into a home, or if they were harassing the dog or assaulting the owner.
According to the state of Illinois, dog attacks are not just bites. You could have a personal injury claim for other types of injuries. If the dog knocks you down, scratches you with their paws, or hurts you in some other way, it may still be possible to file a personal injury claim.
In cases where a person other than the owner had care and control over the dog, they might be considered liable. For example, if the owner left the dog with a friend or neighbor who assumed control of the animal, they could be sued. If the owner of the dog is under 18, typically, their parent or guardian could be held liable.
Typically, you will have two years from the date of the attack to file a claim. While this might seem like a lot of time, it is better to act quickly. Get in touch with a personal injury attorney as soon as possible after the incident takes place. The attorney will let you know about your legal rights and options. Let the Grewer Law Group handle all of the legal matters while you work on recovering from your injuries.
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