Statute of Limitations on Dog Bite Claims in Illinois
People love their dogs. For the most part, dogs are lovable creatures. Every now and then, even the most well-behaved dog can unfortunately snap and bite someone. If a dog in Illinois bites you, you may have the right to pursue a claim against the dog’s owner. However, there are essential time restrictions to consider, called the “statute of limitations.”
One of the most common mental health ramifications from dog bites is the development of post-traumatic stress disorder (PTSD). A dog attack, for instance, can result in intrusive thoughts, nightmares, and heightened anxiety among those who have experienced a traumatic event. As a result, daily functioning can be difficult, and quality of life can be impaired. This article will provide an overview of Illinois’s statute of limitations for dog bite claims.
Time Limitation for Filing a Lawsuit
After being bitten by a dog, Illinois residents have a limited period of time to file a lawsuit. This law is known as the “statute of limitations.” Illinois’s statute of limitations for filing a dog bite claim is usually two years. If a dog bites you, you have two years from the date of the incident to file a lawsuit against the owner. If you do not file a lawsuit within this period, you will be barred from doing so.
Consequences of Dog Bite Injury
Dog bites can cause injuries ranging from minor cuts and bruises to more severe puncture wounds, fractures, and even the victim’s death. In addition to the physical injuries caused by a dog bite, there is also the risk of infection such as tetanus, rabies, and other bacteria transmitted through a bite wound, making prompt medical treatment essential.
A dog bite can also have psychological effects. Many people bitten by dogs suffer from anxiety and fearfulness around animals due to their experience. Some dog bite experiences can fade quickly, while others can have a long-term effect on how an individual approaches their entire life. If you are the victim of a dog bite, it is better to consult Chicago dog bite lawyers in time to establish your legal options.
Exemptions Of The Rule Of Law
In Illinois, the statute of limitations for filing a dog bite claim is two years from the date of the injury. There are, however, some exceptions to this rule. For example, if the victim is a minor, the claim must be filed within two years after the child’s 18th birthday.
If the victim cannot file a claim due to mental incapacity, the statute of limitations is extended until the victim regains capacity or dies. Similarly, when the victim leaves the country for military services, the case can be filed when they return from the military services within the first two years.
The Illinois “Strict Liability” Dog Bite Statute
The state of Illinois has a “strict liability” statute regarding dog bites, which means that the dog’s owner can be held responsible for any damage or injury caused by their pet, regardless of whether or not they knew the dog was dangerous.
This is good news for victims of dog bites, as it means they don’t have to prove that the owner was negligent to receive compensation. However, it’s important to note that this rule has some exceptions. For example, if the victim was trespassing on the owner’s property or provoking the dog, they may not be able to receive compensation.
Defenses of a Dog Bite Lawsuit in Illinois
Chicago dog bite lawyers have experience handling dog bite cases in Illinois. Depending on the circumstances, several defenses may be available to the dog’s owner. For example, if the victim was trespassing on the property where the dog was located, the owner may not be liable for any injuries.
Likewise, if the victim was provoking the dog or acting in a manner that contributed to the attack, the owner may have a valid defense. Additionally, Illinois law provides that an owner is not liable for damages if the victim was aware of the risk of being bitten and voluntarily assumed that risk. Finally, if the victim is under 18, the owner may not be liable if they took reasonable steps to prevent the child from being bitten.
