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Do Dogs Get Put Down If They Bite Someone in Illinois?

Rosenfeld Injury Lawyers LLC Team

Illinois is one of the ten states with the highest number of dog bite insurance claims. Although the number of dogs in the state is lower than in many others, significant bite injuries are still frequent. The aftermath of a dog bite incident can lead to legal ramifications for the owner, but do dogs get put down if they bite someone in Illinois?

Our law firm specializes in guiding injured victims through the claims process, standing by your side as you seek compensation for legal damages. In this guide, we will discuss what may happen to the dog and their owner after a bite.

Are dogs put down after biting someone in Illinois?

Do Dog Bites Need to Be Reported by Illinois Law?

Under state law 510 ILCS 5/12, a dog bite must be reported to the local animal control entity immediately if you desire consequences for the bite. The dog will then be confined and observed by a licensed veterinarian for ten days to look for signs of Rabies or other infections, as well as aggressive behavior.

The dog could be confined at home or in a licensed facility, such as a vet’s office. During this time, the dog cannot be put down unless it shows signs of Rabies or another severe illness. This process is enforced in the interest of public health, not as a punishment for the dog owner.

Does Animal Control Conduct Additional Investigations?

Once the initial observation period is complete, animal control can initiate an investigation of the incident to determine if further action is needed. The inquiry will review the following elements:

  • Severity of the victim’s injuries (minor bites or serious physical harm)
  • Circumstances of the attack (provocation, trespassing, or self-defense)
  • The dog’s history of acting aggressively (prior complaints, previous bites, or reports of aggression)

If the findings reveal that the dog is overly aggressive or a threat to others, it may be deemed a “dangerous” or “vicious” dog. At this point, euthanasia becomes more likely.

When Is a Dog Deemed Dangerous to Public Safety?

These legal definitions may be very relevant to your attempt to recover compensation for legal damages suffered because of a dog bite:

  • 510 ILCS 5/2.05a – A “dangerous dog” behaves in a way that poses a serious, but non-fatal, threat to other animals or people, or that bites without causing severe injuries. The owner must meet additional restrictions if their dog is deemed dangerous, including muzzling, registration, insurance, and a secure enclosure. These dogs are not euthanized.
  • 510 ILCS 5/2.19b – A “vicious dog” causes serious physical injury or death without provocation, or it has been previously declared dangerous and attacks someone again. A court hearing will be held to determine if ending the dog’s life is necessary to protect the public from this dog.

When Can a Dangerous Dog Be Euthanized?

The standard for euthanizing a dog in Illinois is very high. The pet can only be put down if a court or administrative authority deems it vicious and they are considered an ongoing threat that cannot be controlled through other means.

When deciding if a dog must be put down, courts will also consider several factors:

  • The owner’s compliance with prior warnings
  • If the bite caused significant bodily harm or death
  • If the bite occurred on the owner’s property or while the dog was loose

When dogs are put down in this state, the procedure must be completed humanely by a licensed vet or technician under 510 ILCS 72/.

Are dogs put down after biting someone in Illinois?

What Are Owners’ Rights and Duties After Animal Bites in Illinois?

An owner has various rights and official duties in the event that euthanasia is being considered for their pet.

First, they have the right to a court hearing to determine if euthanasia is the right course of action. During the hearing, they can present evidence and call witnesses to argue the mitigating factors that led to the bite, such as the victim’s provocation.

If the owner fails to comply with orders or commits repeated violations, such as failing to repair a broken fence or neglecting to pay public safety fines, the case for the dog being put down will be stronger.

Under the Justice for Buddy Act, repeat offenses involving dangerous dogs can result in the owner surrendering the pet and being banned from owning a dog for a specified period. This law targets reckless owners and encourages responsible dog ownership.

How Does a Euthanasia Order Impact Dog Attack Victims’ Claims?

If you are the injured person in a dog bite scenario, an order for euthanasia can strengthen your civil claim. Illinois dog bite claims typically fall under 510 ILCS 5/16, which outlines strict liability for owners.

This law effectively holds the owner liable for legal damages caused by their dog, unless the victim trespasses on the owner’s property or provokes the animal. Therefore, you can pursue compensation with a civil claim.

You can recover damages like medical expenses, lost wages, future lost income, emotional distress, pain and suffering, and loss of enjoyment of life with a successful claim. Strict liability enables victims to hold negligent owners accountable, thereby preventing the possibility of future bites.

Book a Free Consultation With an Illinois Dog Bite Attorney

Our experienced Chicago dog bite attorneys believe in your case and will help you pursue compensation for your losses. Our legal services include:

  • Investigating the incident
  • Providing legal guidance throughout the process
  • Protecting your legal rights
  • Assessing all damages
  • Negotiating with insurance companies
  • Working on a contingency fee basis (you don’t pay unless we win)
  • Litigating in civil court if necessary

Contact us today to schedule a free consultation with our top-rated lawyers and discuss your legal options following a dog attack injury.

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I had a work-related dog attack that caused me to fall down a flight of stairs while making a delivery. A friend suggested I talk with these attorneys to help with the workers’ compensation and claim against the homeowner. They took care of both cases for me and handled all of the paperwork to make...

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