According to recent data, 32.4% of households in Illinois own a dog, which equates to approximately 1.5 million dogs living within the state. While many of these households have loving relationships with their dogs, and some even serve a vital role in people’s lives as guide dogs, it’s important to acknowledge that sometimes dogs will behave in ways that pose a threat to you or other people in your community. Dog attacks are an unfortunate reality of the world we live in. And just like any other animal attack, whether it’s a wild or domestic animal, dog attacks can leave lasting scars and have life-changing consequences for victims. Fortunately, the state of Illinois has laws that aim to either prevent dog attacks, or to hold dog owners accountable for the injury that their dog causes. Read on for more information about how Illinois determines whether a dog is legally dangerous.
Defining a ‘Dangerous Dog’ in Illinois
According to an Illinois state law known as the Animal Control Act, Chapter 510 of the Illinois Compiled Statutes (ILCS), a dangerous dog is defined as any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal. A dangerous dog may also be defined as a dog that, without justification, bites a person and does not cause serious physical injury.
In other words, a dog in Illinois is considered dangerous in the eyes of the law when it has previously bitten a person or when it is behaving in a way that a person could reasonably believe to be dangerous and pose a high risk of injury to bystanders.
Dangerous Dogs and Reckless Dog Owners in Illinois
If a vicious dog is found to be running outside of the owner’s private property and at large in the community, any such dog’s owner is required to pay a fee, since the dog may present a threat to public health. If the dog is found running at large on a second separate occasion, it’s the owner’s responsibility to neuter or spay the dog.
Illinois law also defines what constitutes a “reckless dog owner” in relation to dangerous dogs. Under the definitions of the law, a reckless dog owner means a person who owns a dog that while anywhere other than upon the property of the owner, and without justification, kills another dog that results in that being deemed a dangerous dog, and who knowingly violates the requirements mentioned in the previous paragraph of this section.
It is also prohibited for any person to knowingly or recklessly permit any dangerous dog to leave the premises of its owner when not under control by a leash. If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog inflicts serious personal injury on a person or a companion animal, the owner shall be guilty of a Class 4 felony. If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog kills a person, the owner will be charged with a Class 3 felony.
Providing Evidence of a Dangerous Dog
According to the law in Illinois, no dog shall be deemed a dangerous dog unless a preponderance of evidence is presented. To deem a dog dangerous, a thorough investigation is conducted which includes sending, within 10 business days of the state being made aware of the alleged infraction, the fact of the initiation of an investigation and affording the owner of the dog an opportunity to meet with the state’s representative party prior to the determination.
Any relevant medical or veterinary evidence will be gathered as part of this process. Witnesses will be interviewed. If the dog is deemed dangerous, the owner will be notified.
Exceptions to Deeming a Dog Dangerous
A dog that is undergoing the aforementioned investigation process will not be deemed dangerous if the committee determines the conduct of the dog was justified because of any of the following:
- The threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or was committing a willful trespass or other offense on the premises or property occupied by the owner.
- The threatened person was abusing, assaulting, or physically threatening the dog or its offspring.
- The injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring.
- The dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.
Strict Liability in Illinois
Illinois state law follows a doctrine of liability determination called “strict liability.” This means that the owner of the dog is often deemed liable for all damages incurred by the bite victim. As long as the victim was peacefully conducting themselves in a place where they were legally allowed to be and were not attempting to provoke or attack the dog or owner in any way, the dog owner will typically be found liable. Even if the owner took all reasonable precautions in the moments leading up to the bite, the owner will likely still be liable for the victim’s injuries. In this case, the victim is eligible to receive financial compensation for expenses and damages incurred if they elect to pursue civil litigation against the dog owner.
When conceptualizing and building out a personal injury case for court, the plaintiff’s legal team must consider if the at-fault party’s actions were negligent and led to the plaintiff’s injuries. Each state develops its own system of fault determination to be applied to personal injury cases, and Illinois is no different.
The system of fault determination the court will use to scrutinize a case is known as “modified comparative negligence.” Under this system, a plaintiff may be eligible for recovering compensation for damages only if they are determined to be less than 50% at fault for the events that lead to the accident. In other words, If the plaintiff is more than halfway at fault for the incident, they will lose any hope of recovering monetary compensation for their injuries.
Damages in Dog Bite Cases
Victims have to deal with a lot after suffering the traumatic event of a dog attack. But in many cases, victims are actually able to get compensation for what they have endured. Personal injury courts award two different types of damages in dog bite cases — compensatory damages and punitive damages.
Compensatory damages are a type of court-appointed award that is literally meant to “compensate” the dog bite victim for any expenses they had to pay because of the dog bite. This often includes the costs of medical care, lost wages from time taken off work including potential future losses of income, “pain and suffering,” and quality of life changes that may inhibit the individual from returning to the same level of functioning that they knew before the incident.
Punitive damages are the other common type of compensation awarded by civil personal injury courts. Punitive damages are meant to “punish” the dog owner in cases where their negligence is clearly reckless and dangerous. Punitive damages are not awarded in every personal injury case, but are reserved only for those cases where gross levels of negligence are apparent. For example, if a dog owner knew their dog had rabies but failed to take the proper steps to mitigate the situation, this level of negligence is likely to warrant courts to award punitive damages as well as compensatory damages. It’s even possible that failing to get the rabies vaccination may be grounds for negligence on the part of the owner.
Getting Professional Legal Counsel
For years, the attorneys at the law firm of Palermo Law Group have been helping dog bite victims in Oak Brook and throughout Chicagoland as they navigate the process of pursuing litigation to recover monetary compensation for their injuries. Contact Palermo Law Group today to discuss your case and receive a free consultation.