September 1, 2010

KNOW YOUR RIGHTS - ILLINOIS LAW PROTECTS THOSE INJURED BY ANIMALS

If you are bitten by a dog, kicked by a horse or otherwise injured by an animal, then you may have a cause of action against the owner of that animal.

In Illinois, there is a statute commonly known as the Animal Control Act, 510 ILCS 5/16 (2010), which protects people who are injured by animals owned by others. The law provides:

"If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby."

Under the law, the owner's liability is in the form of monetary damages paid to the injured person for the full amount of the injury that was caused by the owners' animal. The most common scenario of this type is a dog bite.

Dog bites can occur for any number of reasons, however, keep this in mind: If the dog was provoked by the injured person, the owner will not be held liable. In other words, provocation is a defense, and this applies for any type of animal injury, not just dog bites.

If you have been bitten by a dog, kicked by a horse, or injured by an animal, the Law Offices of Jeffrey J. Kroll can help. Contact Jeffrey J. Kroll at 312-676-7222.

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April 26, 2010

CHICAGO DOG BITE ATTORNEY DISCUSSES LIABILITY FOR DOG BITES AND IDENTIFIES DANGEROUS DOG BREEDS

The personal injury attorneys at the Law Offices of Jeffrey J. Kroll are experienced at handling dog bite cases. If you are bit by a dog, you may have grounds to take legal action against the dog's owner. The Illinois Animal Control Act, 510 ILCS 5/16, states:

If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.
According the U.S. Centers for Disease Control data on dog bites, 4.5 million people are bitten by dogs each year. In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs. Sadly, most of the victims who receive medical attention are children. Many children are bitten in the face, causing permanent disfigurement.

Merritt Clifton, editor of Animal People, has compiled statistics and has presented a detailed study of dog bites for the last two decades. Importantly, Mr. Clifton emphasizes the dangerous behavior of pit bills and Rottweilers and remarks:

[I]t is sheer foolishness to encourage people to regard pit bull terriers and Rottweilers as just dogs like any other, no matter how much they may behave like dogs under ordinary circumstances. Temperament is not the issue, nor is it even relevant. What is relevant is actuarial risk. If almost any other dog has a bad moment, someone may get bitten, but will not be maimed for life or killed, and the actuarial risk is accordingly reasonable. [However,] if a pit bull terrier or a Rottweiler has a bad moment, often someone is maimed or killed, and that has now created off the chart actuarial risk, for which the dogs as well as their victims are paying the price.

Continue reading "CHICAGO DOG BITE ATTORNEY DISCUSSES LIABILITY FOR DOG BITES AND IDENTIFIES DANGEROUS DOG BREEDS" »

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April 26, 2010

DOG BITE ATTORNEY IN CHICAGO SHARES TIPS TO PREVENT CHILDREN FROM BEING BITTEN

The rate of dog bite–related injuries is highest for those ages 5 to 9 years. As a Chicago personal injury attorney who handles dog bite cases, I have handled a number of matters involving dog bites. Two common scenarios involving children include: (1) a child is bit by a neighborhood dog who has run away from its owner's home and (2) a child visiting a friend's home is bit by the family dog. To help prevent children from being bitten by dogs, encourage them to follow these safety tips from the U.S. Centers for Disease Control:

- Keep your distance from an unfamiliar dog;
- Do not pet an unfamiliar dog with
- Do not run from a dog or scream;
- Be very still when approached by an unfamiliar dog;
- If a dog knocks the child over, he or she should roll into a ball and lie still;
- Avoid direct eye contact with the dog;
- Let the dog sniff and see you before you pet it; and
- Do not disturb a dog that is sleeping or eating.

Remember that an adult should be present and supervising when a child is playing with a dog. Also, the presence of stray dogs or dogs displaying unusual behavior to an adult should be reported to the authorities.

Continue reading "DOG BITE ATTORNEY IN CHICAGO SHARES TIPS TO PREVENT CHILDREN FROM BEING BITTEN" »

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September 5, 2009

PTSD: A SERIOUS CONDITION DESERVES SERIOUS COMPENSATION

As a personal injury lawyer in Chicago, I have represented many clients who were diagnosed with Post-traumatic Stress Disorder (PTSD). These individuals who experienced traumatic events, such as a being in a car accident, received compensation for their injuries related to their PTSD. Although PTSD is not always visible like a broken arm or leg, the injury and pain is very real.

For more information on Post-traumatic Stress Disorder, please review the following online resources and consult a psychologist or a psychiatrist:

PTSD Facts on Google Health
National Institute of Mental Health - PTSD
Mayo Clinic defines PTSD

Continue reading "PTSD: A SERIOUS CONDITION DESERVES SERIOUS COMPENSATION" »

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October 6, 2008

CRASHING INTO CATTLE: ANIMAL LIABILITY

Mere days ago, a 17-year old in southern Illinois was seriously injured after her vehicle struck a cow in the roadway. Police have yet to find the owner of the cow, but will continue to investigate...after all, livestock owners can be held liable for injuries caused by their animals.

Under the Illinois Domestic Animals Running at Large Act, owners of livestock, such as cattle, can be held liable for injury to the person or property of another. In order for a person, such as this 17-year old, to recover under this law, it must be proven that the owner of the livestock did not use reasonable care in restraining his or her livestock. Instead of holding livestock owners strictly liable, this law encourages owners of livestock to restrain their animals so as to prevent accidents. Those livestock owners that allow their animals to roam free will be liable to others for the damage the animals cause. Those that are not aware that their animals are running free and can demonstrate that they used reasonable control in restraining their animals will not be held liable.

Continue reading "CRASHING INTO CATTLE: ANIMAL LIABILITY" »

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