If you’ve been hurt by an animal attack, such as a bite or other injury, you may be entitled to compensation for your physical, emotional and financial suffering under the Illinois Animal Control Act. The Act allows you to sue the animal’s owner (or custodian), regardless of whether it was the owner’s fault or whether the animal had any prior aggressive tendencies. So, as long as you weren’t trespassing when you were attacked or provoking the animal the animal in some way, you should be fully compensated under the Illinois Animal Control Act. Such compensation includes medical and rehabilitation expenses, pain and suffering, lost wages or income, and property damage.
Illinois adheres to the theory of strict liability regarding animal attacks, which means you don’t have to prove negligence. Unlike many other personal injury lawsuits where it is required that you show that the defendant was negligent, for animal attack injuries, you only have to prove that (1) you were in fact attacked or injured, (2) the defendant was owner of the animal, (3) you were peaceably conducting yourself at the time of the attack and (4) you had the legal right to be where you were. Again, you don’t have to prove that the animal’s owner was negligent or did anything wrong.
The Illinois Animal Control Act essentially eliminates the “one bite rule” of the past. That was the old rule where you could only recover for your injuries if you could prove that the animal had a history of aggression. So, an animal basically had one free bite before it had a “history of aggression.” Although the rule is largely no longer applicable because Illinois is now a strict liability state, you may still be able to sue under this theory if you are unable to prove your case under the Animal Control Act.
Keep in mind that these types of lawsuits apply to cases beyond the typical dog bite. If you are hurt in any way by an animal – falling off of a horse, being pushed by an animal, etc. – you may have a case. However, if you were trespassing, you will likely not have a case. If you provoked the animal in any way, you will likely not have a case – but, simply trying to pet a dog is generally not considered provocation. Also note that while most of these types of lawsuits are against an animal’s owner, you can file a lawsuit against anyone who has care, custody or control of the animal at the time you were hurt.
Many people would likely feel uncomfortable suing a friend or neighbor. However, if the attack takes place on someone else’s property, it is probably going to be covered by that person’s homeowner’s insurance. This means you (or your attorney) are not going to be dealing directly with your neighbor but rather with your neighbor’s insurance company. This also means you may be better compensated for your injuries because the insurance company can afford to compensate you.
It is strongly recommended that you find an attorney who has experience negotiating with insurance companies and is willing to go to trial. Most of these types of cases settle out of court, but if the settlement you are being offered is not fair, your attorney should recognize this and recommend that you take the case before a judge. If you are concerned that you cannot afford a lawyer, note that an animal injury attorney should be working on a contingency basis. This means your lawyer agrees that they won’t get paid unless you get something. Their fee is then a percentage of what you recover.
Being injured, regardless of how it occurs, is traumatic and stressful. It is essential that you get compensated for what you’ve lost – physically, emotionally and financially – and a good animal injury attorney will ensure that you do. You should not attempt to fight this alone.
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