Dog Bites
An Overview for Both Victims and Defendants
Laws & Paws
What happens when a companion animal suddenly acts like an "animal"... and bites? If you find yourself involved in an animal bite situation, here are a few things to keep in mind:
When Are You Responsible for an Animal Bite?
State law will hold you responsible if: 1) your animal causes an injury, 2) the animal was not provoked, 3) the injured person was conducting himself peaceably, and 4) the injured person was in a place where he had a legal right to be. Note that this standard means that Illinois does not follow the traditional one-bite rule that states have used in the past. In other words, it's no defense to say that your dog has never bitten anyone before, so you were unaware of the problem. Moreover, the law applies to all "owned" animals, not just dogs. Chicago ordinances may also hold you liable if your companion bites another animal.
Gene Mueller, Executive Director of Chicago's Anti-Cruelty Society, explains: "It's not the dog's fault; it's the guardian's responsibility to keep the animal restrained. We also encourage guardians to neuter their companions and take them for training classes, so everyone has an understanding of the behaviors involved and what's expected of them."
The big question is often provocation. Chicago defines provocation as whether the injured person was, at the time, either intentionally trespassing or committing some other wrong or crime upon the owner's property, or was "tormenting, abusing, or assaulting the animal." Courts around the state have held that provocation is viewed not from the injured person's perspective, but from whether a normal dog could reasonably be expected to react the same way. For example, merely greeting a dog is not generally considered provocative, but unintentional acts like tripping over one can be.
An act can be considered provocative even if the person committing it does not understand that the action is provocative - for example, a young child who unintentionally frightens or angers a dog. In short, the courts emphasize each party taking responsibility for its own role in the incident. (In the case of the child, the responsibility falls to the adult(s) responsible for supervising the child at the time.)
You must notify the police department within 24 hours if your animal bites another animal or person. Call 911 if the incident results in a medical emergency, 311 otherwise. It is also your responsibility to bring your companion to either Animal Control or your veterinarian for observation for 10 days. A licensed vet must examine your animal. If your companion is current on rabies shots, and the bite did not cause severe injury or death to a person, you may be allowed to complete the 10-day confinement at home. You will need to bring your companion back for an exam on the tenth day. If your companion is not current on rabies vaccinations, an exam is also required on the fifth day. Be prepared to pay all boarding and exam costs, and your companion will not be released until you have all vaccination and license certificates in order. If you know your animal has bitten, it is illegal to sell, give away, remove beyond city limits, or even euthanize your companion.
Besides civil liability, "owners" of biting animals may face criminal penalties as well. Further, those penalties cover more than just biting incidents. If your animal causes minor injury or property damage, the penalty can be $300 to $1,000 and you may be required to pay full restitution to the victim. If the animal causes severe injury or death to any person, the fine can be $1,000 to $10,000 as well as any combination of up to 100 hours of community service, full restitution, or six months in jail. Even owners who simply allow their animals to be unrestrained anywhere outside of their own fenced areas of property - including reaching under or over a fence - are subject to a $300 fine.
Other ordinances govern situations where animals are declared "vicious" or "dangerous." If you live outside Chicago, your local ordinances may vary.
When Can You Recover Money for an Animal Bite
The law clearly holds "owners" responsible for taking appropriate action when their companion animals bite. However, regardless of what the owner does, you can also take action yourself if you or your companion animal is the victim of an attack. Nikki Proutsos, Executive Director of Chicago's Department of Animal Care and Control, says victims may file a report. "We'll take the ball and run with it," she says. "We'll visit the victim, investigate the circumstances, try to find the "owner" of the animal in question, whatever we need to do to make sure the incident is taken care of properly." Proutsos adds that victims may also obtain a copy of the bite report through a Freedom of Information Act request.
Keep in mind, however, that "owners" are not liable for bites in every circumstance. For example, the law holds the "owner" liable, but the definition of "owner" includes anyone who has the animal in her care. Thus, pet-sitters, dog groomers, and anyone else who voluntarily has possession or control of an animal would be considered the "owner" at the time of the incident. Don't forget the rest of the standard, either. If you provoked the animal, or if it attacked you while you were committing an unlawful act on the "owner's" property, you can't recover damages.
Conclusion
As always, the best defense is a good offense. Keep your companion animal on a leash while out in public, and have a secure fenced-in yard at home. If your animal attacks as described above, you will be liable for the full injury sustained. You may want to consider simply offering to pay all medical bills up front rather than pay them, along with attorney's fees, later on.
The same defensive advice also holds true for would-be plaintiffs. If your idea of playing with a cat is poking it with a stick, you'll have plenty of time - but no extra money - to reconsider your methods while your wounds heal. Likewise, no matter how adorable you find your small child, a dog may not find even the most accidental step on its tail so adorable. It's your responsibility to understand the concept of provocation even if your child doesn't.
The best way to deal with an animal bite is to prevent it from happening. The time and effort spent trying to minimize the risk benefits both the victim and the defendant guardian... not to mention the animal.
Amy A. Breyer is an attorney in Oak Park, Illinois who concentrates her practice in animal law. She can be reached at (708) 358-1400 or breyer@AnimalLawOnline.net. This column is for informational purposes only and does not constitute legal advice.
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