If you were bitten or otherwise injured by a dog in Joliet, a Joliet dog bite lawyer can help determine who controlled the animal, what local records exist, and what insurance may cover your losses. Illinois law can make a dog owner liable when an animal attacks or injures someone without provocation while that person is acting peaceably and is somewhere they may lawfully be. You do not have to prove that the dog previously bit someone. What matters now is getting proper care, reporting the incident, and preserving evidence.
Shuman Legal represents people injured in dog attacks throughout Illinois. Our Joliet office is located at 1000 Essington Road, Suite 126. If you have questions about what happened, call us to discuss your situation.
Hurt by a Dog? You Need to Watch This…
Discover how we can help you navigate through your legal case if you’ve been attacked by a dog in Illinois.
What Should You Do After a Dog Bite in Joliet?
First and foremost, your health is most important. Immediately move to a safe area and obtain medical care. Although a wound might appear to be minor, a physician will check the wound for signs of infection, possible nerve damage, potential tendon damage, and/or other potential problems that could not be identified at the time of the injury.
When you feel safe enough to do so, complete the following (if you are able):
- Get the owner’s name and contact information as well as anyone else who was handling the animal.
- Ask for documentation showing whether the dog has been vaccinated; however, do not fight over this information if the owner refuses to give you the information.
- Report the bite to the proper authorities in your community.
- Take photographs of your wounds, damaged clothing, and location of the attack.
- Obtain witness contact information.
- Look for doorbell cameras, business surveillance cameras, or traffic cameras that may have captured video of the incident.
- Keep all of your medical bills, doctor orders, pay stubs, and any related documents in one place.
Continue taking pictures of the wound as it heals. While a single picture taken right after the attack may show little to no bruise/swelling/infection/scars, as the wound begins to heal, there could be more visible changes such as bruising, swelling, infection, and/or scarring which would need to be documented.
Also, avoid providing an insurance company with a taped/recorded statement regarding the event. Insurance adjusters may ask you questions about whether or not you provoked the dog into biting you, where you were standing at the time of the attack, and/or what actions you took prior to being bitten by the dog.
Your Search for Help Ends Here.
Get FREE Legal Advice Now!
An experienced Joliet dog bite lawyer knows what needs to be done. The minute you sign with Shuman Legal® – we start working.
How Does Illinois Dog Bite Liability Apply in Joliet?
Claims for dog bites in Joliet are generally subject to Section 16 of the Illinois Animal Control Act. Under this section, owners can be held liable if their dog, or another pet, bites, attempts to bite, or injures a person who is acting peacefully in a lawful area.
Section 16 is often described as a statutory liability or strict-liability rule because the injured person does not have to prove that the owner knew the animal had dangerous tendencies. Illinois does not follow a ‘one free bite’ rule. A first attack can support liability if the requirements of Section 16 are satisfied.
However, the owner is not automatically liable in all cases. The facts will have to meet the requirements of the statute. Many disputes center on issues like whether the victim caused the animal to become aggressive, whether they were permitted to be at the location, or whether they were acting peacefully when they were bitten.
Does a Dog Have to Be Declared Dangerous Before You Can Make a Claim?
No. An individual injured by a dog’s attack does not need to wait until the dog is declared dangerous/vicious by an official body before pursuing damages through a Section 16 claim.
The declaration of a dog as “dangerous” or “vicious” has its own purposes (i.e., allowing animal control personnel and the court system to determine what measures will be required to ensure the safety of the general public). Depending upon the specifics of the case, these measures could include supervised walking/handling of the dog; specific types of training; use of a muzzle when out in public; secure confinement of the dog at all times it is off-leash; spaying/neutering of the dog; and/or microchip identification.
In contrast, a civil injury claim seeks to establish if the statutory criteria set forth in Section 16 were met, and if so, what damages should be awarded as a result of that attack. While there may be overlap in terms of evidentiary issues, each process can proceed simultaneously.
Who Can Be Considered the Dog’s Owner?
The person who purchased or registered the dog may not be the only person who qualifies as an owner under Illinois law.
Section 2.16 of the Illinois Animal Control Act defines an owner to include someone who:
- Has a property right in the animal
- Keeps or harbors the animal
- Has the animal in their care
- Acts as the animal’s custodian
- Knowingly permits the dog to remain on premises they occupy
This broader definition can matter when the dog was being watched by a family member, house sitter, dog walker, or another person at the time of the attack. Whether someone qualifies as an owner depends on the amount of care, custody, or control that person exercised.
A landlord is not automatically responsible simply because a tenant kept a dog on rented property. Illinois courts have found that merely allowing a tenant to have a dog does not necessarily give the landlord the care, custody, or control required by the Act. The specific relationship between the landlord, tenant, property, and animal must be examined. The Illinois Appellate Court discussed this distinction in Whitten v. Luck.
What Happens After a Dog Bite Is Reported in Will County?
Animal bites/abrasion to human skin caused by an animal’s teeth must be reported to Will County Animal Protection Services (WCAPS) as per Will County guidelines on biting animals.
A “biting animal” must be put under the care of a licensed veterinarian for rabies observation as per WCAPS’ current biting animal protocol.
If the biting animal has a current rabies vaccine, Will County states that the animal may be permitted to remain confined at home while completing the required veterinary observation. The veterinarian must check this animal within 24 hours of the incident and again 10 days from that time.
If the biting animal is unvaccinated against rabies, it must be impounded by a vet at a veterinary hospital within 24 hours and be monitored by the veterinarian for the entire 10-day observation period.
If you have a problem with a stray animal that you cannot find, contact your local police department and Will County Animal Protection Services. As soon as possible, try to describe what the stray looks like, where it was last seen, and whether it had a collar or identification tag. Do not attempt to capture an unidentified stray animal yourself.
You can reach Will County Animal Protection Services at 22452 S. Cherry Hill Rd., Joliet, IL; phone number 815.462.5633.
This report does not determine who receives payment for their injury. This report provides the basis for creating a public health investigation record which could provide valuable information when deciding how to proceed with determining who should pay for damages resulting from the incident.
How Is a Joliet Dog Bite Claim Investigated?
They have to look at more than just who bought the dog. They need to determine who was keeping the dog; handling the dog; supervising the dog (if it was being watched); controlling the dog (if it were tied up or on a leash) at the time of the incident that caused the injury.
In addition to this information, other forms of evidence may be relevant and useful in investigating your case, such as:
- Animal control and police department reports
- Vaccination and veterinary records
- Photos of the dog involved in the incident; photos of you after the incident with your injuries; and photos of where the incident happened
- Video footage from doorbells or security cameras
- Witness statements
- Your medical records; including doctor’s notes; prescriptions; etc.
- Any documentation regarding lost wages due to missing work; reduced hours; etc.
- Policy documents from homeowners, renter, umbrella, or commercial insurance companies
There could also be some relevance to the past behavior of the dog (i.e. prior bites), but that is not required by statute. If there have been prior animal control reports filed against the dog; if people have complained about the dog getting loose; if there are photographs of broken fences/gates and/or how poorly they are restrained, all of this can help to further explain what happened.
Much of the evidence gathered during investigations will disappear over time. The video taken by a neighbor may be deleted; the witness you want to interview may move out of town; or someone may fix their fence or repair their gate. For this reason alone, you should allow an attorney to start investigating your case as soon as reasonably possible.
Where Does Compensation Usually Come From?
In most cases, the compensation for injuries sustained due to a dog bite will be provided by a liable insurance company as opposed to being taken directly from the dog’s owner personally. The type and amount of available coverage depends upon where the incident occurred and the manner in which it occurred. For example, there could be homeowner’s insurance, renter’s insurance, umbrella coverage, and/or a commercial liability policy.
It should be noted that having coverage does not automatically mean that coverage exists. There may be exclusions in the policy based upon the animal (or dogs) involved in the incident; the location of the property at which the incident occurred; who is included within the “household” as defined by the policy; and possibly even other factors. In addition, If the available insurance limits are less than the injured person’s damages, the policy alone may not provide full compensation, although other liable parties, insurance policies, or sources of recovery may exist.
Since most disputes involving liability claims against friends, neighbors, or family members typically involve insurance companies, bringing up a claim does not equate to seeking money from someone you know. If no insurance is available, your attorney can investigate whether there is another individual or policy or source of recovery which may apply.
Your Search for Help Ends Here.
Get FREE Legal Advice Now!
The minute you sign with Shuman Legal® – we start working.
What Losses May Be Included in a Dog Bite Claim?
The damages that could be included in your dog bite claim will depend upon the extent of your injuries; the nature and quality of the evidence you present to support those injuries; the amount of insurance coverage available to pay for your claims; and many other factors. In general, some of the types of recoverable damage that could arise from a dog attack include:
- Hospital emergency room and hospital bills
- Follow-up doctor visits and prescriptions
- Future surgery, future rehabilitation, or future medical treatment which is reasonable and supported by the evidence presented
- Loss of earnings and reduction in earning capacity
- Pain and limitation associated with your injury
- Scars/disfigurements
- Mental anguish/counseling
We have separate resources addressing specific subjects such as dog bite hand injuries and the difference between dog nips and dog bites.
How Long Do You Have to File a Dog Bite Lawsuit in Illinois?
An “action” (or lawsuit) for personal injury generally must be brought under the statute of limitations within two years from when your injury occurred. This does not necessarily mean that it will take two years to complete all investigations regarding your claim. In fact, evidence may literally vanish into thin air within days or weeks.
There are exceptions to this rule for minors, where government entities are involved, or other situations which could potentially affect your statute of limitations. It would be best to consult an attorney immediately as soon as possible to determine whether you have enough time remaining before your deadline expires.
How Shuman Legal Handles Joliet Dog Bite Cases
Dog bites are usually complicated cases that result from medical needs, as well as possible record-keeping for the treatment of animals, as well as many other areas of concern, including the need for a conversation with someone you know. We will take care of all of your legal issues and insurance claims so that you can focus on your health and recovery.
Our role in handling each case may vary depending upon the specifics of the case. However, it could be necessary to identify anyone who owned or had control over the animal involved in the incident, gather all information related to reports regarding this incident (if there were any), contact witnesses, preserve video evidence (as applicable), locate the correct insurance coverage, document the full extent of the injury(s) to you, etc.
We will also communicate with applicable insurance companies and negotiate potential settlements. If an insurer disputes liability, denies coverage, or does not offer an amount that fairly reflects the supported damages, we can evaluate whether filing a lawsuit is appropriate.
Talk With a Joliet Dog Bite Lawyer
If you were injured by a dog in Joliet or elsewhere in Will County, Shuman Legal can review the animal protection records, identify potentially responsible parties, and determine what insurance may apply.
Our Joliet office is located at 1000 Essington Road, Suite 126, Joliet, Illinois 60435. Call or contact us online to schedule a consultation with a Joliet dog bite lawyer.
There is no attorney fee unless we recover compensation for you. Every case is different, and past results do not guarantee a similar outcome.
