Chicago Dog Bite Lawyer – Animal Attack Injury Lawyer

When determining liability in a dog bite case, several factors are taken into consideration. These factors can vary depending on the jurisdiction and specific circumstances of the incident. In the context of Chicago, the following are commonly considered when determining liability for a dog bite:

Strict Liability: Under the Illinois Animal Control Act, Chicago follows a strict liability standard for dog bites. This means that dog owners can be held liable for injuries caused by their dogs, regardless of whether or not they were aware of the dog’s dangerous propensities or acted negligently.

Ownership or Control: One crucial factor in determining liability is establishing ownership or control over the dog. Typically, the person who owns, keeps, or harbors the dog at the time of the incident will be held responsible. This can include both the dog’s owner and those who are in temporary custody or control of the dog, such as dog sitters or walkers.

Knowledge of Dangerous Propensities: Evidence of the dog’s prior aggressive behavior or propensity to bite can significantly impact liability. If the owner knew or should have known about the dog’s dangerous tendencies, such as a history of aggression or previous bites, it strengthens the case against the owner.

Provocation: The actions of the victim leading up to the incident can also be a factor. If the dog was provoked or harassed by the victim, it may affect the liability determination. However, provocation must be substantial and not simply accidental or unintentional.

Trespassing: If the victim was unlawfully on the owner’s property at the time of the incident, such as trespassing, it may affect liability. In some cases, the owner’s liability may be reduced or eliminated if the victim was trespassing or engaging in illegal activities.

Comparative Negligence: Illinois follows the modified comparative negligence rule. If it is determined that the victim shares some degree of fault in the incident, the damages awarded may be reduced proportionally. For example, if the victim was found to be 20% at fault, their compensation would be reduced by 20%.

Violation of Leash Laws: Chicago has leash laws in place that require dogs to be leashed or under control when in public areas. If the dog owner violated these laws and the violation contributed to the dog bite, it can be a factor in establishing liability.

It’s important to note that every case is unique, and these factors may be evaluated differently based on the specific details and evidence presented. Consulting with a knowledgeable dog bite lawyer in Chicago can help assess the factors in your particular case and determine the best course of action.