Many, if not most, dogs are lovable, loyal companions. However, it is important to remember that dogs are still animals and that animals have the potential to attack and seriously injure a person. Severe dog bite injuries can cause permanent damage and disfigurement or even death. Dog bites can be especially detrimental to children. If your child was bitten by a dog, you may be wondering whether or not the dog’s owner is liable for the attack.
Strict Liability Dog Bite Laws in Illinois
Unlike some other states, Illinois uses the principle of “strict liability” when it comes to dog bites. A dog owner is liable for a dog bite injury even if the owner did not know the dog was aggressive. Even if a dog has never bitten or attacked someone before, the owner is legally responsible for the damages the dog causes in a bite attack. Strict liability also means that the victim does not need to prove that the owner was negligent or allowed the bite to occur.
However, strict liability for dog bites only applies if the victim was in a public place or was in a private place lawfully. This means that if your child was trespassing on the owner’s property and was bitten, the owner is not strictly liable for bite injuries. Similarly, if your child provoked or antagonized the dog into attacking, the owner would not be held liable under this principle. Cases involving child victims of dog bites are often complicated because a child might not be aware that or she is trespassing or provoking a dog. For this reason, among many others, you should speak with a qualified dog bite injury attorney for guidance on how to proceed.
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