Comparative Negligence in Dog Bite Cases

Can a Dog Bite Victim Be Blamed for Their Injuries in Illinois?

When you get hurt in a dog bite attack, you have the legal option to pursue compensation from the dog owner for their negligence. However, owners often attempt to shift blame for the attacks onto the victims, claiming comparative negligence in dog bite cases.

The concept of shared fault is often applied to personal injury cases in Illinois. Defendants may use this strategy to reduce the burden of the payout they owe to the plaintiffs. In dog bite attacks, shared fault does not typically play a role in settlements under Illinois law. Let’s examine how a plaintiff’s negligence affects the outcome of a canine attack claim.

Illinois’s General Rule: Modified Comparative Negligence

Most types of personal injury claims in Illinois follow the modified comparative negligence rule. Under this statute, a person’s compensation is reduced by their percentage of fault. Additionally, if you are more than 50% responsible for the accident that caused your injuries, you are not eligible for compensation.

In pure comparative negligence states, you can file a civil claim no matter what your percentage of fault is, even if you are 80% responsible for the incident. With modified comparative negligence, both the plaintiff and the defendant can share fault while still allowing the plaintiff to seek compensation. However, if the accident is mostly their fault, they cannot win a settlement.

The Primary Law for Dog Bite Accidents

The vast majority of dog bite cases are filed under the Illinois Animal Control Act (510 ILCS 5/). This law holds the dog owner strictly liable for injuries caused by a dog attack. Strict liability laws apply to all unprovoked dog attacks that do not involve the victim trespassing on private property.

Since the owner is strictly liable, they are responsible for the legal damages suffered due to the plaintiff’s injury. In some states, there is a “one-bite rule.” This means that owners may be exempt from liability for a first offense if the dog has not shown aggressive behavior in the past.

In Illinois, the dog’s past behavior is irrelevant. The owner is automatically considered liable for the incident as long as the plaintiff can prove they did not provoke the animal or trespass.

Why Comparative Negligence Does NOT Apply to Most Dog Attack Claims

Courts throughout Illinois have established that modified comparative negligence does not apply in most dog bite claims. Any cases filed under the Animal Control Act are subject to strict liability laws, meaning the owner is responsible for paying the victim’s compensatory damages.

The only defense the owner can raise is that the victim provoked the dog or trespassed on their property at the time of the incident.

The victim’s own carelessness is completely irrelevant.

For example, say you are walking on a sidewalk in a park and the defendant is sitting on a nearby bench with their dog leashed. As you approach, the dog starts to bark loudly and aggressively at you, but you don’t take steps to move to the other side of the walkway. As you walk by, the dog jumps out and bites you while still on the leash.

The owner may attempt to claim that you were careless for not moving over while approaching the dog, but they are strictly liable for their dog’s actions, and you did not provoke the pet. While you may have been careless leading up to the incident, Illinois laws ensure your negligence is irrelevant.

What About Contributory Negligence?

Some states have contributory negligence laws. In these jurisdictions, the injured party cannot pursue compensation if they are even 1% at fault for their own injuries. Illinois does not follow this system for either dog bite lawsuits or other types of personal injuries.

When a Victim’s Actions Matter in Illinois Dog Bite Lawsuits

The only actions that matter in a dog bite attack are trespassing or provoking the dog. If you were illegally on the dog owner’s property when the attack occurred, you may not be eligible for compensation. Additionally, if you were taunting, tormenting, or abusing the pet in question, you will also be ineligible for a settlement.

Although you don’t have to prove that the owner was liable, you must be able to prove that you did not provoke or trespass at the time of the attack. These are the only defenses that would prevent you from recovering legal damages.

Your actions immediately after the dog bite accident will also play a role in your civil claim. Here are the steps you should follow right after the attack occurs:

• Seek immediate medical attention to have your injuries diagnosed and treated
• Report the attack to the local animal control agency and police department
• Gather evidence from the scene, such as witness statements, photos of the pet, and owner contacts
• Document your injuries and treatment by retaining all medical records
• Consult dog bite attorneys from our law firm for expert legal guidance
• File a claim within the two-year statute of limitations (735 ILCS 5/13-202)

How Our Attorneys Protect You from Unfair Blame

Our law firm has years of experience helping victims of dog bite attacks hold owners accountable. You deserve a fair shot at earning compensation for legal damages, including lost wages, medical bills, future medical expenses, emotional distress, pain and suffering, and loss of normal life.

Our experienced personal injury attorneys will investigate your claim, gather evidence of your innocence, assess all legal damages, negotiate with insurance carriers, and litigate in civil court if necessary. We know what it takes to prove that the accident occurred without any provocation or trespassing, ensuring the dog owner’s insurance company pays for all your damages.

Here are some settlements we have secured for dog bite victims:

$1,200,000

Three-year-old Hannah was viciously attacked by her relatives’ Doberman, leaving her with deep facial wounds and permanent scars. The trauma required multiple surgeries and will likely affect her confidence and social development as she grows older. The settlement reflected her young age and the lifelong impact of her injuries.

$700,000

Luis was attacked by a neighbor’s dog, suffering nerve damage in his arm and visible scarring. The permanent loss of sensation affects his ability to work with his hands, creating long-term challenges. The case value reflected both the functional and cosmetic consequences.

$550,000

While returning home from shopping, 74-year-old Margaret was knocked over by a tenant’s dog at her apartment building, suffering multiple leg fractures. She endured several surgeries and months of painful rehabilitation. Her advanced age and limited mobility after the accident played a major role in the settlement amount.

Contact Our Illinois Dog Bite Law Firm for a Free Consultation

After a severe attack by a dog, the resulting injuries can alter the course of your life. Determining liability after a canine attack is typically straightforward due to Illinois state laws. Either the injured party is responsible for provoking the dog or trespassing, or the dog owner is held liable under the Animal Control Act.

If the owner or their insurance company is unfairly blaming you, our Chicago dog bite attorneys can protect your rights and help you fight for fair compensation. You cannot be held partially responsible under this law if you were innocent of wrongdoing. We work on a contingency fee basis, so you owe nothing for legal services unless we win.

Contact us today to schedule a free consultation about your canine bite injuries.