Chicago IL Personal Injury Blog

Friday, October 3, 2014

Animal Attack Accident

Individuals injured in animal that attack accidents very often do not know their rights. 

People in this situation have recourse against the owner of the animal typically via two avenues.  

First, you may have a common law negligence claim if the owner knows that the animal has attacked in the past (or has vicious propensities) and fails to protect against it.  Second, the Illinois Animal Control Act provides relief against the animal's owner provided the injured party can prove who the owner of the animal is, that it attacked without provocation by the injured person, and that the injured person was lawfully in the vicinity of the animal at the time they suffered an injury.  This statute is extremely effective for Plaintiffs because it obviates the need to prove that the owner was aware its animal had previously injured someone else before injuring them.

As always, injured Plaintiffs in these situations proceed against the animal owners' homeowners' insurance policies (which will pay for the Plaintiffs' damages) and do not seek any monetary relief directly from the owners.

Animal attack accidents can be unfortunate and devastating for victims.  It is extremely important to know your rights and every avenue of recourse.





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