St. Charles, IL Dog Bite Injury Lawyer

Owners of dogs and other animals in St. Charles, Illinois must first observe the requirements of the Animal Control Act. Liability for an animal attack in Kane County, Illinois is governed by the the Animal Control Act, which provides that a person who owns or controls a dog will be strictly liable for any injuries caused by their animal in an unprovoked attack. (For a full discussion of the Animal Control Act, please visit our Illinois Dog Bite Injuries Page).

Following St. Charles, Illinois local laws help ensure that an animal attack will be avoided when a dog encounters a person in public. Almost all dog bites can be prevented if the dog owner would simply follow local rules calling for the animal to be controlled and restrained. Unfortunately, many dog bites that occur in St. Charles are because of a violation of one or more local laws which require animals to be supervised, controlled and restrained on a leash when they are away from the owner’s premises. Under Section 6.12.010 of the City of St. Charles Municipal Code Book, every owner of an animal is required to restrain their animal if taken off of their premises. The St. Charles Municipal Code Book states an animal must be restrained by a leash, chain, or other "appropriate instrument or physical device." The animal must remain under the direct and immediate supervision of a person if it is taken off the premises. There is a $50.00 penalty for the first offense and additional penalties for each subsequent offense for a violation of these simple rules.

Other ordinances set forth in the Municipal Code of St. Charles help keep us safe by placing limits on how many dogs a resident may own, and restricting the public places where a dog may be brought – even if properly restrained on a leash:

• Dog ownership limited: Under the Municipal Code of St. Charles, residents may keep no more than three (3) dogs. Section 6.12.160.
• No dogs allowed on a playground or at a school: Because dog attacks frequently cause injury to children, St. Charles has enacted rules to protect kids on playgrounds and while at school. Regardless of whether a leash is used, no dog may be taken onto a playground or school grounds unless aiding a blind person. Section 6.12.120.
• No dogs allowed in restaurants or retail stores: As a matter of public policy, St. Charles believes that residents should be free from the risk of a sudden animal attack while shopping at a store or dining in a local restaurant. St. Charles residents are not permitted to bring a dog into a food establishment or store, unless the animal is serving as a certified service dog or comfort animal. Section 6.12.150.

When a dog has been reported to have previously caused one or more serious bite injuries, the animal may be subject to further scrutiny as a "dangerous" or "vicious" animal. St. Charles imposes heightened restrictions on owners of a dangerous or vicious animal. Under Section 6.12.130 of the City of St. Charles Municipal Code Book, dangerous animals are not permitted in any public place unless muzzled, closely restrained, or caged. Owners of dangerous and vicious animals must also restrain their animals while on their property, so the animal cannot attack persons on the property. Further, owners must maintain improvements on their property, such as fences and gates, in such a manner to prevent children from gaining access to the property where a dangerous encounter might occur.

If you are suddenly attacked by a dog, the City of St. Charles advises you to call 911 immediately. You may call Kane County Animal Control if you are only reporting a lost or found animal. Upon calling 911, an officer will be dispatched to your location. An ambulance may also be sent to your location depending on the severity of your injuries. If your injuries are life-threatening, it is imperative to seek emergency medical care immediately.

A St. Charles police officer will quickly arrive on the scene and will assess the situation. The officer will interview both you and the owner of the dog. It is important to provide a complete history of the incident. The investigating police officer will create a police report, which contains important information about your incident. A copy of the police report may be obtained through a Freedom of Information Act request.

After an animal attack, always prioritize your health and necessary medical treatment. If you have serious injuries, please visit an emergency room, such as Delnor Hospital, Central DuPage Hospital, or Advocate Sherman Hospital. You may choose to visit a local urgent care clinic depending on the severity of your injury. After receiving emergency care, it is recommended you follow up with a physician to assess your injuries. Lacerations and puncture wounds are unfortunately common after dog bite attacks. You should consult with a dermatologist or plastic surgeon to fully assess your injuries and consider appropriate medical care.

Following the initial report, the investigating St. Charles police officer will report the incident to Animal Control. The animal will be confined with a licensed veterinarian for at least 10 days for observation. The veterinarian must complete a report before the animal is released. In certain situations, there may be a "dangerous" animal proceeding. An administrator or director will collect evidence and decide whether the dog is considered "dangerous". A dog that is deemed to be "dangerous" will be ordered by the administrator to be muzzled at all times when in public, and the owner may further be ordered to take other appropriate action for the protection of the public. It is recommended that a victim of a dog bite fully cooperate with a "dangerous" dog investigation so that appropriate safeguards will be imposed to prevent a future bite or attack.

You may be entitled to the recovery of monetary damages for pain and suffering, medical bills and the loss of a normal life (disfigurement and scarring). In some cases, a claim for emotional injuries may also be brought.

In every dog bite case, identifying insurance for the dog owner or premises owner is extremely important. However, it is not advisable to speak directly with the insurance company before consulting with a lawyer. Never authorize or give a recorded statement without counsel. For example, there are little-know legal rules regarding facts that may constitute a defense of "provocation", and there are complicated insurance rules that may define who was (and was not) "in control" of the animal at the time of the attack, for purposes of establishing or denying coverage for the incident. Sometimes, even an inadvertent remark made in a statement can cause a claim to suddenly be denied. Do not put your dog bite case at risk by speaking with the insurance company.