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Des Plaines Dog Bite Lawyer
A dog bite can turn an ordinary day in Des Plaines into a painful, frightening ordeal. Whether you were walking along the Des Plaines River Trail, visiting a neighbor near Oakton Community College, or simply picking up a package at your front door, a dog attack can leave you with serious injuries, mounting medical bills, and emotional trauma that doesn’t fade quickly. You deserve answers, and you deserve fair compensation. At Briskman Briskman & Greenberg, our team has helped dog bite victims across the Chicago area hold negligent dog owners accountable. If you or a loved one has been hurt, read on to understand your rights under Illinois law and how we can help.
Table of Contents
- Illinois Dog Bite Law Protects Victims in Des Plaines
- Who Can Be Held Responsible After a Dog Attack in Des Plaines?
- What Happens After a Dog Bite Is Reported in Illinois
- What Compensation Can You Recover After a Dog Bite in Des Plaines?
- Steps to Take After a Dog Bite Attack in Des Plaines
- FAQs About Des Plaines Dog Bite Lawyers
Illinois Dog Bite Law Protects Victims in Des Plaines
Illinois has one of the strongest dog bite laws in the country, and it is firmly on your side. Under the Illinois Animal Control Act, 510 ILCS 5/16, if a dog attacks, attempts to attack, or injures any person without provocation, the owner is liable for the full amount of the injury. You do not have to prove the owner was careless. You do not have to show the dog had a history of aggression. The law is clear.
Unlike states that require proof of negligence or a prior history of aggressive behavior, often referred to as the “one-bite rule,” Illinois law holds owners liable for injuries caused by their dogs, even if the dog has never shown signs of aggression before. However, it is important to understand that Illinois does not have true strict liability for dog bites. There are defenses available to dog owners, including provocation and assumption of risk, which can affect liability. This matters enormously for victims. Think about it: most dog owners will say, “My dog has never done this before.” In many other states, that statement could end your case. In Illinois, while it does not automatically end your case, the owner may still raise valid defenses.
To succeed under this law, you need to show three things. The dog attacked, attempted to attack, or injured you. You were lawfully present on public or private property. And you did not provoke the dog. That is it. You do not need to prove the owner acted irresponsibly or knew the dog was dangerous.
The law removes much of the burden of proving negligence from victims, making it easier to recover compensation for medical bills, lost wages, pain and suffering, and other damages. Whether the attack happened in front of Arndt Park, on a sidewalk near Miner Street, or in a neighbor’s backyard, this law applies to you. The team at Briskman Briskman & Greenberg understands this law inside and out and can help you build a strong claim. Reach out to our Chicago abogado de lesiones personales team today to discuss your situation.
Who Can Be Held Responsible After a Dog Attack in Des Plaines?
Many people assume only the legal owner of the dog can be sued after a bite. That is not always true under Illinois law. The definition of “owner” under the Animal Control Act is broader than most people expect.
Under Illinois law, “owner” means any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in their care, or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by them. In plain terms, this can include a dog sitter, a family member watching the dog, or even a landlord in certain situations.
The primary liability falls on the dog’s owner, whether or not they were present during the attack. If the attack occurred on rented property, the landlord may be liable if they knew the dog was dangerous and failed to act. Other individuals, such as dog walkers or caretakers, may sometimes share liability. So if a neighbor was watching a friend’s dog and that dog bit you near the Des Plaines Metra station or along Rand Road, both the neighbor and the owner could potentially be held responsible.
It is also worth knowing that Illinois law covers more than just bites. The Illinois Animal Control Act also covers injuries caused by a dog’s actions, even if a bite did not occur, such as being knocked over by an aggressive dog. If a large dog charged at you, knocked you down, and you broke your wrist on the pavement, you may still have a valid claim. Our attorneys at Briskman Briskman & Greenberg can review your specific facts and tell you who may be responsible. We also handle cases in surrounding communities. If you need a North Chicago dog bite lawyer o un Mundelein dog bite lawyer, we are ready to help.
What Happens After a Dog Bite Is Reported in Illinois
After a dog bite in Des Plaines, there is a formal process that kicks in under Illinois law. Understanding this process can help protect both your health and your legal case. In-progress animal issues such as dogs running loose and animal bites should be reported through 911. For other non-emergency concerns or questions, the Des Plaines Animal Control Unit can be reached at 847-391-5400. Reporting the bite promptly creates an official record, which is critical evidence in your claim.
Once a bite is reported, Illinois law requires the dog to be confined for observation. Under 510 ILCS 5/13, when authorities receive information that a person has been bitten, the dog must be confined under the observation of a licensed veterinarian for a period of not less than 10 days from the date the bite occurred. It is unlawful for the owner of the animal to euthanize, sell, give away, or otherwise dispose of any animal known to have bitten a person, until it is released by the administrator. This prevents owners from quietly removing or disposing of the dog before an investigation is complete.
If the dog has a history of aggression, animal control may take things further. If the incident is serious or if the dog has a history of aggression, animal control may investigate further and file a petition to classify the dog as dangerous or vicious. Under 510 ILCS 5/2.05a, a “dangerous dog” includes any individual dog anywhere other than upon the property of the owner or custodian that behaves in a manner a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person, or a dog that bites a person without justification. A “vicious dog” under Illinois law means a dog that, without justification, attacks a person and causes serious physical injury or death, or any dog that has been found to be a dangerous dog on three separate occasions. These classifications can strengthen your civil claim. Our firm serves the broader region, including as a Lake County dog bite lawyer and a Gurnee dog bite lawyer.
What Compensation Can You Recover After a Dog Bite in Des Plaines?
Dog bite injuries can be far more serious than people realize. A bite to the face, neck, or hands can cause permanent scarring. An attack that knocks you down can break bones or damage nerves. Children are especially vulnerable. And the emotional impact, including fear, anxiety, and post-traumatic stress, can last for years. Illinois law allows you to seek full compensation for all of these losses.
Victims of dog bites in Illinois have the right to pursue compensation for medical expenses covering immediate treatment and long-term care, lost wages if the injury prevents you from working temporarily or permanently, pain and suffering for physical pain and emotional trauma, property damage if the dog damaged personal belongings during the attack, and scarring and disfigurement for permanent scars or injuries that impact your quality of life.
Think about what a serious bite can cost. Emergency room visits, surgery, physical therapy, follow-up appointments, and prescription medications add up fast. If you are a delivery driver, a nurse, or anyone who works with their hands, a bite injury could keep you out of work for weeks or months. You should not have to pay those costs out of pocket when the law puts the responsibility on the dog’s owner.
Illinois law also gives special protection to children. Children under 7 years old are generally presumed incapable of provoking a dog. So if your child was attacked at a playground near Chippewa Woods or at a friend’s birthday party in Des Plaines, the law presumes they did nothing to cause the attack. The at Briskman Briskman & Greenberg will fight to get your family the full compensation you deserve. We also serve clients who need a Champaign dog bite lawyer, so no matter where you are in Illinois, we are here for you.
Steps to Take After a Dog Bite Attack in Des Plaines
What you do in the hours and days after a dog bite can make a real difference in your case. Here is what you should do to protect your health and your legal rights.
First, get medical care right away. Dog bites can cause deep puncture wounds, torn tissue, and serious infections. Dog bites can cause severe injuries, including infections like rabies or tetanus. Do not wait to see if the wound heals on its own. Go to an emergency room or urgent care center and get a full evaluation. Your medical records will be key evidence in your claim.
Second, report the bite. Contact Des Plaines Animal Control or call 911 to make an official report. If an animal bites a person or your pet is bitten by another animal, you should always contact your local animal control office first. An official report creates a paper trail that supports your case.
Third, gather information at the scene if you are able. Get the dog owner’s name, address, and contact information. Take photos of your injuries, the location of the attack, and the dog if it is safe to do so. Talk to any witnesses and get their contact details.
Fourth, do not give a recorded statement to the dog owner’s insurance company without speaking to an attorney first. Insurance adjusters are trained to minimize payouts. Insurance companies may attempt to minimize payouts or deny claims. Having an attorney in your corner levels the playing field.
Finally, be aware of the deadline. In Illinois, you generally have two years from the date of the dog bite to file a personal injury lawsuit. Failing to meet this deadline could result in losing your right to compensation. Do not wait. Contact Briskman Briskman & Greenberg as soon as possible so we can start building your case right away.
FAQs About Des Plaines Dog Bite Lawyers
Does Illinois have a “one-bite rule” for dog attacks?
No. Illinois does not follow the one-bite rule. Under 510 ILCS 5/16, dog owners are liable for injuries caused by their dogs even if the dog has never bitten anyone before. You do not need to prove the owner knew the dog was dangerous. However, Illinois does not have true strict liability for dog bites, as there are defenses available such as provocation and assumption of risk. You simply need to show you were lawfully present, you did not provoke the dog, and the dog attacked or injured you.
What if the dog bite happened on someone else’s private property?
You can still file a claim. As long as you were lawfully on the property, such as a guest, a delivery person, or a postal worker, Illinois dog bite law protects you. The owner of the dog is responsible for the full amount of your injuries. In some cases, a landlord may also be liable if they knew the dog was dangerous and failed to take action.
How long do I have to file a dog bite lawsuit in Des Plaines?
In Illinois, the statute of limitations for personal injury claims, including dog bites, is generally two years from the date of the injury. If you miss this deadline, you will likely lose your right to seek compensation entirely. It is important to contact an attorney as soon as possible after the attack so that evidence can be gathered and your claim can be filed on time.
What if the dog owner claims I provoked their dog?
Provocation is a defense that dog owners sometimes raise to avoid liability. However, the burden is on the owner to prove you provoked the dog. Illinois courts use a reasonable standard to evaluate provocation, looking at what a person would reasonably expect and how a normal dog would react. If you were simply walking past the dog, petting it gently, or doing nothing threatening, provocation is very difficult for the owner to prove. An attorney at Briskman Briskman & Greenberg can help you counter this defense.
Does homeowner’s insurance cover dog bite claims in Illinois?
Many homeowner’s and renter’s insurance policies do cover dog bite liability claims. This means there may be an insurance policy available to compensate you for your injuries even if the dog owner does not have significant personal assets. However, insurance companies often try to settle claims for less than they are worth. Having an attorney negotiate on your behalf can make a significant difference in the amount you ultimately recover.
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