Dog Bites & Animal Attacks

Illinois is a strict liability state when it comes to dog bites and other animal attacks. A dog bite victim does not need to prove that the dog owner was negligent; the victim need only prove: (1) that he or she was harmed by the animal; and (2) that the animal was not provoked. The owner of the animal can be held responsible for all damages resulting from the attack, including medical expenses, disfigurement, loss of a normal life, and even emotional injuries.

Dog attack, negligence. Kane County, Illinois. Settlement for $285,000 was reached on behalf of a victim of a dog attack by attorney John J. Malm. The claim was settled with property owner’s insurance carrier after two pit bulls, which had been kept on the property, attacked a woman causing her to a fall down a set of stairs. In addition to suffering numerous bite injuries, the victim suffered a head injury and two ruptured cervical vertebrae; she underwent fusion surgery.

The Animal Control Act provides that “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 injury approximately caused thereby.” The Act provides that persons injured due to an attack, or even an attempt to attack, may seek redress against the animal’s owner. This means that if a dog jumps on you and causes you to fall over and hit your head, you could seek medical expenses, pain and suffering, lost wages or lost income, and other damages arising from the fall-down caused by the attack.

The Act eliminates the requirement that the owner have prior knowledge of the animal’s vicious or dangerous propensity. Steinberg v. Petta, 114 Ill.2d 496 (1986). The Act encourages strict control over animals by imposing liability on their owners for injuries (Partipilo v. DiMaria, 211 Ill.App.3d 813 (1991) and eliminates the “one bite rule,” which used to require plaintiffs to prove that the dog owner previously knew that their dog had a propensity to injure people. Docherty v. Saddler, 293 Ill.App.3d 892 (1997).