When visiting a friend with a dog, you might assume that you’re taking on some level of risk by entering their home. But what happens if their dog bites you? Are you responsible for your own injuries, or can you hold your friend liable? Understanding the laws and factors surrounding dog bites can help you navigate this situation.
In Illinois, dog owners are generally liable for injuries caused by their pets, regardless of whether you were a willing visitor or not. The Illinois Animal Control Act holds owners responsible for exercising ordinary care to prevent their dogs from biting people. This means that if your friend’s dog bites you, they may be held liable for your injuries.
However, there are some exceptions and considerations to keep in mind:
- Assumption of risk: If you knew the dog had a history of aggression or had previously bitten someone, you might be considered to have assumed the risk of visiting. This means that you understood the potential danger and chose to enter the home anyway.
- Comparative negligence: If you contributed to the dog bite in some way (e.g., teasing the dog, ignoring warning signs, or entering the home despite knowing the dog’s aggressive history), your damages might be reduced. This means that your own actions may have partially caused the injury.
- Warning signs: If your friend had posted warning signs or explicitly warned you about their dog’s behavior, you might be considered responsible for ignoring those warnings. This means that you were aware of the potential danger but chose to disregard it.
To succeed in a personal injury claim, you’ll need to prove that your friend was negligent in some way, such as:
- Failing to warn you about their dog’s aggressive behavior: If your friend knew their dog had a history of biting or was prone to aggression, they should have warned you before inviting you into their home.
- Not supervising their dog properly: If your friend left their dog unattended or failed to keep it under control, they may be liable for the resulting bite.
- Knowing their dog had a history of biting but failing to take steps to prevent it: If your friend knew their dog had bitten before and didn’t take steps to prevent future incidents (e.g., training, medication, or confinement), they may be liable for your injuries.
For example, let’s say you visited your friend’s home, despite knowing their dog had a history of biting. If your friend didn’t properly supervise their dog or failed to warn you about its behavior, you might still have a valid claim.
Additional considerations:
- Insurance coverage: Check if your friend has homeowners or renters insurance that covers dog bites. This may impact their ability to compensate you for your injuries.
- Medical expenses: Keep track of any medical expenses related to the dog bite, including emergency care, antibiotics, or plastic surgery.
- Lost wages: If the dog bite prevented you from working, you may be able to claim lost wages as part of your damages.
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will work hard to protect your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.