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Dog attacks happen, but what happens now is in your hands. If you or a loved one has been a victim of a dog bite or mauling, it is essential that you surround yourself with the experienced legal advocates.
If you or someone you love has been bitten by a dog. You are probably angry that this has happened to you or your loved one. You are probably concerned about the impact of the injuries, the expensive medical bills and what comes next. Right now the insurance company has put its team of investigators, adjusters and lawyers on your case to build evidence against you. Their entire goal is to minimize your recovery or flat out deny your claim altogether. Call Stein Shulman, LLC at (312) 422-0500 to protect your legal rights and to fight for the money you deserve.
Every year thousands of people in Illinois are the victims of animal attacks – most often dog bites. Unfortunately, many of those victims are children. The Illinois Dog Bite attorneys at Stein & Shulman, LLC want to educate the victims of dog bites about the dog bite law in Illinois, their rights and help with any injury claim they may have. Our goal is to prevent dog bites in Illinois and help the injured recover.
Having a loyal dog for a pet can make a home complete. A dog that is loved and well-cared-for can bring joy to a home, help teach children responsibility, and be a faithful, non-judgmental companion. However, like people, not all dogs are created equal. While some dogs are mild-mannered, lovable, and playful, other dogs can turn nasty and attack without warning. Meanwhile, other dogs are simply are vicious by nature and shred anything that it captures in its jaws.
Victims of dog attacks and the victim’s family should receive a substantial economic award for losses related to a dog bite or animal attack. An unprovoked dog attack can leave a victim hideously scarred and battered. Unfortunately, dogs, especially vicious attack dogs like pit bull terriers, can kill and maim in an instant. The scent of blood unleashes a frenzied attack that does not stop until the dog’s thirst for blood is sated.
It is understandable for someone who was bitten by a dog after having been attacked by a dog. The dog attack victim justifiably might want the dog owner or the person responsible for the dog to compensate the victim for his or her injuries and losses. The Illinois dog attack lawyers with Stein Shulman LLC, Chicago’s preeminent animal attack and personal injury law firm, have over 45 years of combined legal experience successfully obtaining large settlements and verdicts for their clients. If you or someone related to you suffered severe injuries in a dog bite or animal attack, Stein Shulman LLC would aggressively fight for damages on your behalf so that you receive the compensation you and your family deserve.
Illinois’ Animal Control Act, under which dog bite and dog attacks fall, may be found at 510 ILCS 5. This statute is a comprehensive law that squarely places the onus of protecting the public from a dog bite and animal attacks on the animal owner or the person in control over the dog when the attack happened. Specifically, section 16 of the Animal Control Act allows a person injured in a dog attack or a threatened dog attack to bring a legal claim for all damages and losses “proximately caused” by the dog during the attack.
Section 16 imposes limitations on a dog owner’s liability which narrows the scope of liability for the dog owner. The victim can recover damages only if he or she can demonstrate that:
In Illinois, there is no “one bite free” rule unlike the majority of states in the U.S. The plaintiff has no burden to prove that the dog attacked or a bit before.
Proximate cause is a legal term that is used frequently used and commonly understood but is one which evades a simple definition. Under Illinois law, proximate cause is the mechanism that caused an injury in the natural course of the event. Proximate cause breaks down into two parts, one factual and one legal. The factual component is the “but for” test. The legal component questions whether the injuries were foreseeable. Interestingly, the victim need not prove that the dog owner subjectively could foresee the injury. Rather the question is whether a reasonable person could foresee the injuries.
Thus, if a dog threatens an attack and the victim trips and consequently falls on a defect in the sidewalk attempting to escape from the dog, then the dog owner is liable for any injury, such as a broken arm, that happened while the victim tried to flee from the imminent attack. In this hypothetical scenario, the dog owner is liable for damages related to the broken arm such as medical bills, lost wages, as well as pain and suffering because “but for” the threatened attack, the victim might not have fallen. Additionally, it is foreseeable that a person would fall trying to escape from the dog. Conversely, the dog owner might not be liable for damages if the victim suffered additional injuries in a car accident caused by a someone who ran a red light while on the way to the hospital for treatment of the broken arm because the subsequent car accident is not foreseeable.
Illinois’ Animal Control Act places obligations on dog owners who own either dangerous or vicious dogs. Owners of vicious dogs must keep them in an enclosure while outside or can roam inside provided that the dog wears a muzzle. A vicious dog is one that attacked a person and caused serious injuries or killed someone, or has been declared a dangerous dog on three occasions.
A dangerous dog is one in which a reasonable person believes the dog could cause serious injury or death if not properly controlled by the dog’s owner. Additionally, Illinois law defines a dangerous dog as one that attacks but does not cause serious injury or death. The owner of a dangerous dog must keep the dog on a leash while not on the owner’s property. Other orders may be made for the safety of the public in addition to keeping the dog on a leash.
Pit bulls have a reputation for being vicious attack dogs. The breed’s reputation is well-deserved. While some pit bull advocates argue that pit bulls are a product of their training, even the well-trained and mild-mannered pit bulls can launch an attack at any time. The breed was genetically bred to fight to the death in a pit, hence the name.
According to statistics recently published, pit bulls account for 68% of all dog attacks and 52% of all deaths caused by dog bites. The research dates back to 1982. It is shocking to learn that pit bull terriers comprise only 6.5% of the population of canines, especially considering that pit bulls killed 88% of people in the U.S. who died in dog attacks.
Additional analysis demonstrates clearly the inherent danger of a pit bull attack. One person dies from a pit bull attack every two weeks. Also, an average of two people per day is injured in pit bull attacks. Children are particularly at risk of being injured or killed in a pit bull attack. In 2017, 15 pit bull victims aged 8 and under died in attacks. However, people aged 50 and over are at the highest risk of losing their lives in a pit bull attack. People aged 50 and older accounted for 18 fatalities in 2017.
Experts say that pit bull attacks are increasing in frequency because the population of the breed is increasing. Numbers show that the popularity of the breed grew exponentially after former professional football player Michael Vick was convicted for animal cruelty by training pit bulls to fight. The Michael Vick episode spawned a movement to take pit bulls as pets. Pitbull owners, for whatever reason, tend to not have their dogs spayed or neutered. A survey conducted a few years ago suggests that 80% of all dogs received sterilization techniques. By contrast, only 20% of pit bulls received the same treatment.
Surprisingly, German Sheppard is another breed which is prone to attacking humans. This breed caused the second-most deaths in 2017 with 4. Other dangerous breeds include Rottweilers, American bulldogs, bull-mastiffs, and war dogs. Pit bulls are closely related to mastiffs and bulldogs and therefore share some of the traits in common.
Dog attacks can leave horrendous disfiguration, scarring, internal injuries, broken or crushed bones, amputated fingers or hands, and dislocated joints if the victim survives the attack. Dogs tend to attack younger children around the head and neck. Dogs will attack the softer spots of a child’s anatomy, grasp the child in its jaws and then begin to thrash. Adults tend to suffer bite injuries at the extremities, and the limbs. Statistics released by the National Institute of Health indicate that dog bites on the limbs account for a range of 70 to 80% of all dog bites. Attacks to the head and neck account for the remaining wounds.
Dog bite injuries vary depending on the type of dog and the circumstances of the attack. A dog’s jaw can easily crush human bone, even without tearing the victim’s skin open. A person’s reflex is to pull away from the source of the pain. Accordingly, the victim’s skin can tip and tear in addition to punctures from the pointy canine teeth. The National Institute of Health notes that many victims suffer “de-gloving” injuries. A de-gloving injury is one in which the dog pulls the skin away from the body and tears it off as if one is removing a glove from his or her hand.
The actual depth of the bite is typically underestimated. The reflex action and flinching of the victim coupled with the thrashing and gnawing of the attacking dog cause tissue to pull backward and forwards which conceals the wounds at the deepest levels.
The risk of infection from a dog bite is high. Some estimates indicate that between 5 and 25% of all dog bites become infected. The risk of infection increases exponentially with the increasing depth of the wound. Certain wounds have been outed to increase the threat of infection. Deep puncture wounds, severely damaged skin, injuries to hands, feet, face, and genitalia, puncture wounds that penetrate into the joint structures, and prosthetics. Additionally, dog bite victims with immune system problems and heart problems are particularly susceptible to infection after a dog bite. Children are also at an elevated risk for suffering an infected dog bite.
Infections occur in dog bites as a result of bacteria in the animal’s mouth in addition to bacteria on the victim’s skin. The bacteria then enter the wound and fester. Infections will not necessarily appear immediately. Depending on the strain of bacteria that infects the wound, the incubation period could be as long as five to eight days.
Infections are not trivial wounds. Delaying treatment for a dog bite could result in an infection which doctors call systemic sepsis. Systemic sepsis can lead to a host of chronic medical problems including infections in the brain, lungs, and liver.
With children, particularly those 4 years-of-age and younger, the most common injuries from dog attacks result to the back of the child’s header neck area. A pit bull or other strong, large dog can fit a child’s head inside its jaws and crush the baby’s skull or even tear the child’s head off. Absent decapitation, other fatal injuries include traumatic brain injuries, vascular injuries causing massive blood loss, called exsanguination.
Another common cause of death in dog attacks is an air embolism. Air embolisms are a bubble of gas that obstructs the blood flow in the body. The embolism may travel to the brain, lungs, or heart. All of which could be fatal due to respiratory failure, stroke, or heart attack. Air can enter a dog bite victim’s bloodstream during an attack is the dog’s jaws puncture an artery or vein, and the air becomes trapped in the vascular system.
Infection can kill a dog bite victim too, although the incidence of fatal infections is reportedly small. An untreated infection or an infection in a person who is overly vulnerable to infections could suffer from sepsis which could lead to gangrene, kidney failure, and then death.
Illinois recognizes two general categories of damages: economic and non-economic. Economic damages are also known as “special damages.”Economic damages can be easily calculated and are objective. Examples of special damages are:
General or non-economic damages are compensation for the physical and emotional pain that cannot be objectively assessed. None-the-less general damages are important to an injured person to recover because they compensate the claimant for emotional pain and suffering, depression, anxiety, insomnia, and the cost of physical pain.
Quantifying general damages is difficult. However, Stein Shulman LLC’s Illinois dog bite attorneys
A statute of limitations imposes a strict time limit on when an Illinois dog bite victim can file a claim. Each state has varying time limitations. The statute of limitations for dog attacks in Illinois is two years. The two-year time frame starts on the day of the injury. Anyone who wishes to seek compensation for their injuries must either settle their claim or file the case in court before the two-year period lapses. Missing the statute of limitations means that the plaintiff, no matter how severe his or her injuries or amount of financial losses, cannot recover anything from the parties responsible.
Stein Shulman LLC’s Illinois dog bite lawyers understand the serious implications Illinois’ statute of limitations can have for their clients. Accordingly, they will make certain that they initiate legal action well in advance of the due date of the statute of limitations.
The potentially devastating effect of the statute of limitations is one of many reasons why waiting to contact a dog bite attorney from Stein Shulman LLC can hurt the chances of a dog bite victim receiving all of the financial compensation he or she deserves.
A dog bite victim or bystander should call 911 and summon police and medical first responders. Even if you think the injury is not terribly serious, having a physical exam will help prevent complications such as infections.
Calling the police for help is important to a dog bite victim. The police should investigate the incident. They can potentially impound the dog to examine it for rabies. Additionally, the police will know and have a record of prior reports of dog attacks, if the police were previously called.
Identifying from where the dog came and the circumstances surrounding the attack are advisable as well. A successful dog attack injury claim must include an explanation of the entire event be certain to include information about the condition of the property where the dog resides, any measures taken to prevent the dog from escaping such as a leash or fence maintained in good repair.
The dog bite victim or witness should try to identify the dog’s owner. Any statements elicited from the dog’s owner about the dog’s propensities for aggressive behavior could be advantageous to the dog bite victim. Similarly, identifying witnesses and obtaining their statements can be equally helpful.
An Illinois dog bite attorney from Stein Shulman LLC will investigate your claim and then advocate for you and your family with the insurance companies which provide coverage for the property on which the dog lived. Other insurance policies could exist beyond the homeowner’s policy as well.
Dog bite claims can be legally complicated. Some homeowner’s insurance carriers do not provide coverage for dogs like pit bulls if the homeowner fails to purchase specific coverage for that type of animal. Fortunately, Stein Shulman LLC’s Chicago dog attack lawyers have strategies to collect settlements and judgments so that their clients obtain the compensation they are due for their dog bite injuries.
Stein Shulman LLC takes on the risk with their clients. The firm’s attorneys ardently believe that every person should have the best legal representation possible, without regard to the victim’s ability to pay. As a result, Stein Shulman LLC accepts cases on a contingency fee basis, meaning that the firm’s clients need not pay for their attorney’s representation. Instead, the law firm will collect a certain percentage, agreed upon when the client engages the firm, from the settlement or judgment funds. Stein Shulman LLC’s clients never have an obligation to pay legal fees out of their pocket.
The value of a particular claim depends on the situation. More significant or longer-lasting injuries will increase the value of the claim. For example, scarring or disfigurement to the face of a female victim could increase the value of the claim. Similarly, the age of the victim will play a role as well. Other factors include the length of time missed from work, the earning potential of the victim, and the physical pain and mental anguish experienced by the dog bite victim.
Stein Shulman LLC’s dog bites attorneys are highly skilled negotiators. They will diligently pursue damages on behalf of their client and obtain the largest settlement as soon as possible. Sometimes, justice for the dog bite victim may only be experienced by filing a claim in court. The claims process will take longer but may result in a larger financial award. Stein Shulman LLC’s lawyers always discuss these matters openly and extensively with their clients to deliver the highest quality legal representation.
The dog owner is primarily responsible for the victim’s injuries. However, other parties could share liability. If the dog owner is a tenant, then the landlord could be responsible for damages. Additionally, any party who damages property designed to corral the dog could also be legally responsible for the victim’s losses.
Provocation of the dog can be a valid defense to a dog bite claim in Illinois. What amounts to provocation depends on the facts and circumstances of the particular incident. Merely petting a dog is probably not provocation. However, pulling the dog’s tail or kicking, teasing, or otherwise inciting the dog to attack may be a valid defense.
Getting an Illinois dog bite lawyer from Stein Shulman LLC involved shortly after the animal attack could help minimize the effectiveness of a provocation defense. Stein Shulman LLC’s Illinois dog attack attorneys have vast experience challenging the sufficiency of evidence of provocation by conducting a thorough investigation. A thorough investigation can uncover witnesses not know to the police or the victim. Additionally, a thorough investigation may reveal biases on behalf of the witnesses who come forward to protect the dog owner.
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James Greenier2018-11-02 15:51:482019-04-04 17:17:58Finding a Dog Bite Lawyer in ChicagoOur Illinois dog bite lawyers are available 24/7 to discuss your claim. Call us at 312-422-0500 to schedule a free, no-obligation consultation during which we will discuss the potential value of your Illinois dog bite claim, what your rights are and how our firm will fight aggressively to protect your rights. Call right now to make sure you receive the full amount of financial compensation possible.