Can You Sue for a Dog Bite in an Illinois Dog Park?

Although dogs are considered man’s best friend, they can be as dangerous as other animals. Many Illinois dog owners may think their furry friends would never bite someone, but these animals can lash out when they feel threatened, uncomfortable, or nervous. When you get hurt during a dog attack in a dog park, the injuries could cause physical and emotional consequences. In that case, you could work with the best Chicago dog bite lawyer to seek compensation for legal damages.

At our Illinois law firm, we are dedicated to supporting victims of dog attacks as they seek justice for their suffering. Our attorneys will provide a compassionate space for you to share your story as we work together to hold the negligent dog owner accountable.

Who Is Legally Liable for Dog Bite Incidents in Dog Parks?

Establishing liability is crucial in dog bite cases. Fortunately, the Illinois Animal Control Act (510 ILCS 5/) is fairly straightforward about who is responsible for legal damages after a dog attack. Under this state law, owners are held strictly liable for injuries caused by their pet, even if the dog has never exhibited aggressive behavior in the past. Strict liability also extends to dog handlers and sitters.

If the incident involved multiple dogs at a dog park, then the owner of each dog may share liability for ensuing damages to the victims.

Property owners and dog park managers could be held liable for injuries under the Premises Liability Act (740 ILCS 130/), which states that property owners must demonstrate reasonable care to prevent injury hazards on their properties, such as failing to enforce dog park rules.

Is There a One-Bite Rule in the Illinois Animal Control Act?

Many states have a one-bite rule in place, which means the dog owner may not be liable for a first offense if their pet has not displayed aggression in the past.

However, Illinois is a strict liability state for dog bites, meaning the owner is liable regardless of their intent or mental state at the time the bite happened.

How Is Liability Determined for a Dog Attack at a Dog Park?

Since dog bites in Illinois typically fall under the Animal Control Act, the dog owners are usually liable. However, there are some scenarios when another entity could be at fault, such as:

• The victim was provoking the dog or trespassing on private property
• A government entity that engages in willful or wanton misconduct while operating a dog park (510 ILCS 5/35)
• Multiple parties are at fault for the dog bite under the Illinois Comparative Negligence Law (735 ILCS 5/2-1116)
• The victim enters an off-leash area in a dog park, so there is an assumption of risk
• Negligence must be proven in dog-on-dog bites

What Damages Can Victims Recover in a Dog Bite Lawsuit?

Negligence by a dog owner can have serious consequences for the victim. If you are the injured party, a successful lawsuit could lead to compensation to cover your compensatory damages.

Here are some of the most common losses cited in Illinois dog bite cases:

Economic Damages

• Lost wages – If you miss work due to physical injuries, you can recover lost income
• Diminished earning capacity – Injuries that affect your ability to work long-term can increase your settlement.
• Medical bills – Costs associated with medical treatment can be covered, including emergency room visits, reconstructive surgery, medication, rehabilitation, and emotional or physical therapy
• Future medical expenses – If treatment will continue beyond the claim’s conclusion, you can include the cost of ongoing medical care

Non-Economic Damages

• Emotional distress – Psychological damages can include Post-Traumatic Stress Disorder, anxiety, depression, suicidal thoughts, self-harm, and a fear of dogs
• Pain and suffering – Physical pain caused by your injuries can increase the payout
• Disability and disfigurement – If the dog bite causes permanent physical alterations or scarring, this may impact the settlement
• Loss of enjoyment of life – As a dog bite victim, your ability to experience joy in life may be diminished due to the trauma

Punitive Damages

When a dog owner or other liable party behaves with gross negligence or intentional misconduct, a judge or jury may award you additional compensation, known as punitive damages.

Why You Need an Experienced Dog Bite Attorney

Taking legal action after suffering dog bite injuries can be an overwhelming venture. Some victims are trying to navigate complex physical and emotional recoveries after the incident. Perhaps the dog owner is being very stubborn about responding to the lawsuit. The owner may falsely claim that you provoked the animal or trespassed on their property. A claim involving multiple defendants can cause confusion over liability.

An experienced dog bite attorney from our firm can provide clarity during a confusing process. Whether you need help filing in Cook County Civil Court or gathering evidence when no witnesses were present, our team can help you overcome various challenges. One of the biggest challenges you could face from a dog owner is when they take advantage of the few defenses they have at their disposal.

These defenses include:

• Blaming you for provoking the animal when they were acting peacefully
• Claiming you trespassed
• Arguing that the dog acted in self-defense
• Shifting the blame onto other entities or owners

Our experience will play a crucial role in overcoming these defenses. We will speak to witnesses, collect medical evidence, and gather Animal Control reports to strengthen your claim and prove your innocence.

How Long After the Dog Bite Happened Can Victims Take Legal Action?

Under Illinois law 735 ILCS 5/13-202 (Illinois Statute of Limitations for Personal Injury), victims of dangerous dogs have two years from the incident or two years from the discovery of their injuries to seek compensation for legal damages.

If the victim of the dog park attack was a minor, the statute of limitations is paused until they turn 18 (735 ILCS 5/13-211). This means minor victims of dog bite injuries generally have until their 20th birthdays to pursue legal action against the dog owner or responsible party. Legal guardians or representatives can file claims on their behalf if they are underage.

How to Strengthen Your Dog Bite Claim in Illinois

Building a strong claim often depends on the actions you take immediately after the dog injures you. Here are the steps you should follow to preserve your legal options:

• Seek medical attention immediately for all injuries, even if they seem minor
• Report the serious injuries to Animal Control or the police to create an official record
• Get contact information from the dog owner
• Take a picture of the animal and your injuries, if possible
• Speak to witnesses who saw the incident at the dog park
• Retain all medical records associated with your treatment plan, including medical bills, test results, imaging, and rehabilitation documents.
• Preserve physical evidence from the attack, such as clothing with bite marks from the dog’s mouth.
• Do not communicate with the dog owner’s insurance company
• Consult our expert attorneys about your options

How Our Chicago Dog Bite Lawyers Can Help

Navigating dog bite laws in Illinois alone can be confusing. At our personal injury firm, we offer a compassionate space where you can share your story and seek justice.

Our legal services include:

• Investigating the dog owner’s liability
• Assessing all legal damages caused by the animal
• Researching reports about the dog’s history of behavior
• Gathering evidence of the owner’s failure to restrain the dog
• Negotiating with insurers for full compensation
• Litigating in civil court if a settlement cannot be reached

Settlements & Verdicts Recovered by Our Chicago Law Firm

Dog bite lawyers from our firm have experience filing lawsuits under strict liability laws in the state of Illinois. Here are some past settlements we have secured:

$1,200,000 – Three-year-old Noah was mauled by his aunt’s Doberman Pinscher during a family barbecue in Hyde Park. The dog bit his face and neck, requiring multiple reconstructive surgeries and leaving permanent scars. The settlement reflected his young age, visible disfigurement, and long-term emotional trauma.

$885,000 – Jalen, a 15-year-old from Aurora, was bitten by a large mixed-breed dog and knocked into an outdoor fire pit during a neighborhood gathering. He suffered severe burns to his hands and legs, along with deep bite wounds. The combination of physical and psychological injuries, along with evidence of poor supervision, strengthened the case.

$375,000 – Four-year-old Ella was attacked by a pit bull while playing in a neighbor’s yard in the Englewood area. She required facial surgery and continues to receive scar revision treatments. The settlement reflected her lasting injuries and the emotional toll on both her and her family.

$177,555 – Carlos, a UPS driver in downtown Chicago, was attacked by a Giant Schnauzer after a customer left a gate open. He suffered deep bites to his dominant hand that required occupational therapy and time off work. The case value reflected his wage loss and partial loss of hand function.

$165,454 – Dennis, a mail carrier in Oak Park, was attacked by a Boxer that ran out of an open front door as he approached the porch. He sustained puncture wounds to his arm and missed several weeks of work. The homeowner’s failure to restrain the animal led to a favorable settlement.

FAQs

What if I don’t know who the dog owner is?

If you cannot identify the dog owner, report the incident to Animal Control, take a photo of the dog, and consider asking neighbors about the animal’s owner.

What are common injuries sustained at dog parks?

Dog park injuries can be severe, especially when larger dogs are involved, such as pit bulls or Rottweilers. Common injuries associated with Chicago dog attacks include broken bones, puncture wounds, deep lacerations, facial injuries, neck injuries, muscle tears, and sprains.

How much do dog attack lawyers charge?

At our firm, we work on a contingency fee basis. This means you pay nothing unless we secure a favorable outcome. If we do secure a settlement, our payment is deducted from the final payout, so there are no out-of-pocket costs.

Book a Free Consultation

Although strict liability makes it easier to hold Illinois dog owners accountable for attacks that occur in a dog park, the claims process is still very challenging. Our team will stand by your side as you pursue compensation for medical bills, emotional suffering, lost wages, and other personal injury damages. With a contingency fee agreement, you don’t have to worry about upfront legal fees.

Additionally, you can ask questions about the legal process during a free consultation with our experienced lawyers. Contact us today to schedule a free, no-obligation consultation about your dog park incident.