Dog Attack Fall Injuries

Common Injuries Sustained After a Dog Attack

When considering the consequences of a dog attack, your primary concern may be the risk of dog bites. However, other types of injuries can occur because of an aggressive dog, even if the animal never makes contact with you. Many people suffer from dog attack fall injuries more often than injuries from being bitten.

Often, these cases occur because the person is trying to escape an aggressive dog, causing them to fall. Some injuries you may sustain in this type of scenario could include broken bones, muscle sprains, soft-tissue injuries, or even head injuries.

Under Illinois law, dog owners can still be held liable for fall injuries associated with escaping a dog attack. This means you can file a legal claim and pursue compensation for legal damages, even if the dog never bit you during the escape.

Illinois Law Covers All Injuries Caused by a Dog, Not Just Bites

The language of the Illinois Animal Control Act is extremely important if you are hurt during a dog attack, but not necessarily because of a bite. Under state law 510 ILCS 5/16, a dog owner is responsible for paying the victim’s damages when their animal “attacks, attempts to attack, or otherwise injures” a person.

This means the circumstances surrounding your fall are very important. The presence of dog bite marks is typically enough evidence to establish liability with dog owners. However, fall injuries could occur anywhere and are not always related to a dog attack. If you can prove that the dog was attempting to attack you or managed to knock you over, then you could still seek compensation after the accident.

You will still need to gather evidence to prove the harm you suffered was a direct result of the dog attack and the owner’s negligence. Fortunately, the language of this Illinois statute gives you more flexibility in establishing liability.

As an example, a dog could get off its leash and run toward you. As you attempt to get away, you end up tripping on the edge of the sidewalk, causing a broken wrist. With sufficient evidence of the accident, you could recover fair compensation for your suffering.

When an Owner May Not Be Liable for a Fall

Not all injuries caused by dog bites or falls are the owner’s fault. Although Illinois is a strict liability state, making it easier to hold owners accountable for these incidents, some exceptions could mean the injured person is more at fault.

Here are the two most common defenses used by owners and insurance companies in dog attack claims:

• Provocation – The injured person provoked the dog attack by taunting, tormenting, or abusing the dog before the incident occurred
• Trespassing – If you are unlawfully on someone else’s property and you get injured by a dog, establishing liability with the owner is unlikely

Whether you suffered fractures, strains, or severe back injuries, the dog’s owner will not be liable if you were provoking or trespassing on their property.

Compensation for Fall Injuries Caused by Dog Bites and Attacks

If you are injured by a fall during a dog attack, you could suffer significant physical, emotional, and financial consequences. A successful claim will allow you to recover compensation to address some of these losses. In most cases, this settlement will come from the owner’s homeowner’s insurance policy.

Economic Damages

• Lost wages – If you are forced out of work, the settlement can cover lost income
• Past and future medical care expenses – Medical costs associated with treatment can also be recovered, including emergency care, surgery, medication, rehabilitation, and therapy
• Diminished earning capacity – If the injuries from the accident prevent you from finding employment in the future, you can seek compensation for lost future income

Non-Economic Damages

• Emotional harm – Severe injuries caused by a dog could lead to anxiety, depression, Post-Traumatic Stress Disorder, and other types of psychological trauma
• Pain and suffering – After your fall, your injuries could cause significant physical pain
• Loss of enjoyment of life – If the incident was traumatizing enough or you were injured permanently, your ability to enjoy normal life activities may be diminished

Punitive Damages

In cases involving gross negligence or intentional misconduct, a judge or jury may award punitive damages to the injured party to punish the defendant further.

Contact Our Illinois Dog Attack Injury Attorneys for a Free Consultation

Injuries from a dog attack can turn your life upside down. Victims of these circumstances often don’t know where to turn when facing the physical, emotional, and financial fallout. Our personal injury attorneys are committed to guiding hurt parties through the claims process to maximize their chances of a fair settlement.

Our legal services include:

• Investigating the accident scene
• Gathering evidence of the dog’s behavior, such as witness statements or surveillance footage
• Assessing all legal damages to recover a fair settlement
• Collecting medical records of the harm you endured
• Negotiating with insurance companies for a better payout
• Litigating in civil court if a settlement cannot be reached
• Protecting your legal rights even without an obvious dog bite

Our team of expert Chicago dog bite injury attorneys is ready to represent you after you have been injured in a dog bite incident or a fall while escaping the pet. Contact us today to schedule a free consultation about your legal options following dog attack injuries.