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A Dog Has Bitten My Child. Now What?
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.
Damages in Dog Bite Cases Involving Children
A child who is bitten by a dog can suffer terrible pain and suffering. He or she may be left with severe lacerations, fractures, broken bones, and damage to muscles, tendons, and ligaments. A dog bite can also cause a serious infection. Dog bites, especially bites to the face, can cause disfigurement that can last years or even a lifetime. A child bitten by a dog may develop severe anxiety, fear, post-traumatic stress disorder, or other mental problems. These injuries may require extended hospitalization, reconstructive surgery, long-term prescription medication, physical therapy, help from mental health specialists, and more.
Through a personal injury lawsuit, you may be able to receive compensation for the expensive medical bills resulting from the dog bite. You may also be able to receive compensation for noneconomic damages such as your child’s mental anguish and pain and suffering. Compensation for any disability or disfigurement may also be available.
Contact an Illinois Dog Bite Lawyer
When a child suffers a severe dog bite, he or she may never be the same again. Not only can getting bitten by a dog cause physical scars, but it can also leave horrible emotional scars. To learn about how a personal injury lawsuit can help you get compensation for your child’s dog bite injuries, contact Newland & Newland, LLP. Call our office today at 847-797-8000 to schedule a confidential consultation with an Arlington Heights personal injury attorney to discuss your case.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1704&ChapterID=41