The Chicago, Illinois personal injury lawyers at Briskman Briskman & Greenberg created a video guide to the most important Illinois laws relating to home insurance and dog bites, which will help individuals who were attacked by a dog understand their right to file an insurance claim against the animal’s owner as well as steps to take in the event the insurance company denies their claim.
Throughout the United States, nearly 70 percent of all households keep at least one dog in the home. One reason why dogs are the most popular pet in the United States is that most dogs are gentle animals that are capable of developing deep bonds with their owners. However, dogs are not without their risks. Indeed, by some estimates there are more than 4.5 million people bitten by dogs each year, many of which require immediate medical attention.
After a dog bite, victims may recover compensation for their injuries by filing an insurance claim with the dog owner’s insurance policy. Both homeowner’s and renter’s insurance can cover dog bite liability claims. However, even when these policies provide coverage, they only offer compensation up to the liability limit of the policy. Thus, victims of a dog bite often are frustrated to learn that the owner’s insurance company will not provide them with enough money to cover their expenses, let alone enough to compensate them for the pain and suffering they endured.
Of course, this assumes that the insurance company is willing to cover the claim in the first place, which is not always the case. When confronted with a dog bite liability claim, insurance companies will often deny the victim’s claim. There are a number of reasons an insurance company may cite for denying a claim, including that the dog owner’s policy did not cover bites inflected by certain breeds, such as pit bulls.
Insurance companies review insurance applications on a case-by-case basis. While insurance companies cannot ask about what type of breed an applicant owns, they can increase a homeowner’s rates, refuse to renew a policy, or exclude future coverage if the owner’s dog bites someone.
Illinois uses a strict liability framework when assessing dog owner liability. Under a strict liability analysis, a dog owner is liable for injuries caused by their animal regardless of whether they were negligent. This also means that there is no requirement to prove that a dog has bitten someone else in the past. Not all Illinois dog bite cases fall under the strict liability framework; however. In order for strict liability to apply, the dog bite victim must meet each of the following criteria:
• The victim was not provoking the animal at the time of the attack;
• The victim was “peaceably conducting themselves” when they were attacked; and
• The victim was in a place they were legally permitted to be.
Each of these can be a defense to a dog bite claim. If any of the above exceptions apply, a victim can still pursue a claim against a dog’s owner but will need to prove that the owner was negligent.
Briskman Briskman & Greenberg is a respected personal injury law firm specializing in dog bite claims. For over 35 years, the personal injury lawyers at Briskman Briskman & Greenberg have been advocating on behalf of individuals and families who suffered as a result of others’ negligent actions. Our dog bite lawyers are compassionate, dedicated advocates who can clearly explain your rights and effectively pursue a claim on your behalf to ensure you are fairly compensate for what you’ve been through.
For details visit: https://www.briskmanandbriskman.com/practice-areas/chicago-dog-bite-lawyer/
Briskman Briskman & Greenberg
205 West Randolph St Suite 925
Chicago, IL 60606
(312) 222-0010
https://www.briskmanandbriskman.com
175 N Chicago St
Joliet, IL 60432
(312) 222-0010
Two Northfield Plaza Suite 385
Northfield, IL 60093
(312) 222-0010
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