Illinois Woman Awarded $1.5M in Dog Bite Lawsuit

A woman suffered serious arm injuries and required four surgeries after an unleashed Rottweiler escaped its yard and attacked her while she was walking her dog.

An Illinois dog owner agreed to settle a dog bite lawsuit for a reported $1.5 million after his dog escaped from his yard and severely injured a woman who was walking her own dog.

According to the lawsuit, the victim was walking her female Labrador Retriever at approximately 6:30 a.m. when three unleashed dogs escaped their yard through an open fence door. One of the dogs, an 85-pound Rottweiler named Ghost, approached the woman and attempted to mount her Labrador Retriever.

The woman attempted to pull the Rottweiler away from her dog. She then picked up her Labrador Retriever and began walking away. The Rottweiler responded by biting the woman’s right forearm and locking its jaws around her arm. The force of the bite fractured her radius and ulna, the two bones in the lower arm.

The dog then dragged the woman approximately half a block down the street. The attack reportedly lasted about 10 minutes before the dog’s owner arrived and was able to pry the Rottweiler’s jaws open.

Quick Answer

The woman reportedly agreed to a $1.5 million settlement following the 2021 dog attack. Her injuries included fractures to the radius and ulna, significant soft-tissue damage, tendon injuries, and permanent scarring. She underwent four surgeries and continued to experience limitations in her right hand years after the attack.

The settlement was reported by the Evanston RoundTable in August 2023. The report described the $1.5 million payment as a record settlement for an Illinois dog bite case at the time.

The Rottweiler Attack Caused Severe Injuries

The victim attempted to protect her own dog during the encounter. When she picked up her Labrador Retriever and tried to leave, the Rottweiler bit her right forearm and held onto the arm with its jaws.

The bite fractured both the radius and ulna. The dog then pulled the woman down the street while still attached to her arm.

Neighbors heard the woman’s screams and became aware of the attack. According to the report, however, the neighbors were afraid to intervene because they were concerned that they would also be injured.

An off-duty firefighter who was nearby reportedly called paramedics and attempted to control the woman’s bleeding. The victim was ultimately transported to a hospital for emergency treatment.

Reported Case Result

$1.5M

Settlement

Reported payment to resolve the lawsuit

Surgeries

Major procedures were required to treat the arm injury

The Victim Required Four Surgeries

The victim’s injuries required extensive medical treatment. Her right arm was stabilized with surgical hardware, and doctors performed substantial irrigation and debridement of the wound to reduce the risk of infection.

Several days later, doctors performed additional debridement and placed a wound vacuum over the injury. Approximately three weeks after the attack, surgeons performed a skin graft using skin from the woman’s thigh to improve the appearance of the damaged forearm.

A fourth surgery was later necessary to repair lacerated tendons in the woman’s arm.

Four Major Procedures

Arm Stabilization

The fractured arm was stabilized with surgical hardware.

Wound Treatment

Additional debridement and a wound vacuum were used to treat the injury.

Skin Graft

Skin was taken from the woman’s thigh and grafted onto her forearm.

Tendon Repair

Surgeons repaired tendons that had been lacerated during the attack.

The Injury Continued to Affect the Victim

The woman was right-handed before the attack. Because of the damage to her dominant arm, she had to relearn how to perform many ordinary activities using her left hand while her right arm healed.

According to the lawsuit, approximately two years after the attack she continued to experience limitations involving her right ring finger. The injury also left permanent scarring and disfigurement to her arm.

The ongoing effects of a serious dog attack can extend beyond the initial medical emergency. Victims may face additional medical treatment, rehabilitation, pain and suffering, scarring, permanent limitations, lost income, and emotional consequences.

Illinois Dog Bite Law

Illinois has a statutory rule that can make dog owners liable for injuries caused by their animals even when the owner did not know that the dog had previously been dangerous.

Under 510 ILCS 5/16, an owner is liable for civil damages when a dog or other animal, without provocation, attacks, attempts to attack, or injures a person who is peaceably conducting himself or herself in a place where the person may lawfully be.

The statute does not require the victim to prove that the owner was negligent or that the dog had previously bitten someone. Instead, a claim under the Illinois Animal Control Act generally focuses on whether the statutory requirements are satisfied.

Four Important Questions in an Illinois Dog Bite Claim

Was the Victim Injured?

The injury must have been caused by the dog or other animal.

Was There Provocation?

The statute applies when the animal attacks or injures the person without provocation.

Was the Victim Acting Peacefully?

The person must have been peaceably conducting himself or herself at the time.

Was the Person Lawfully Present?

The victim must have been in a place where he or she had a legal right to be.

Illinois courts have explained that section 16 eliminates the common-law “one-bite rule.” In other words, the plaintiff generally does not have to prove that the owner knew or should have known that the dog had a dangerous or vicious propensity.

The Illinois Supreme Court has also recognized that the statute creates liability based on the circumstances surrounding the attack rather than requiring proof of the owner’s prior knowledge of the dog’s dangerous tendencies.

Illinois Does Not Follow a Traditional One-Bite Rule

In some jurisdictions, a dog owner may avoid liability for a first bite unless the victim can prove that the owner knew or should have known that the dog had a propensity to attack or bite people. This concept is often called the “one-bite rule.”

Illinois instead follows the statutory framework contained in the Animal Control Act. A previous bite is not one of the elements that a plaintiff must establish under 510 ILCS 5/16.

That distinction can be important in a serious dog attack case. The absence of any previous attack does not necessarily protect an owner from civil liability when the statutory requirements for liability are otherwise satisfied.

The Dog’s Previous History Is Not the Main Question

In an Illinois statutory dog attack claim, the central questions are generally whether the animal caused the injury, whether the person was acting peaceably, whether the person was lawfully present, and whether the animal was provoked. The owner does not need to have prior knowledge that the dog was dangerous for section 16 liability to apply.

What Can a Dog Bite Victim Recover?

A serious dog bite can cause substantial financial and personal losses. Depending on the facts of the case, damages may include medical expenses, future medical treatment, lost income, reduced earning capacity, pain and suffering, disfigurement, scarring, disability, and other losses caused by the injury.

The Illinois Animal Control Act provides for civil damages for the full amount of the injury proximately caused by the animal. The scope and value of an individual claim depend on the severity of the injuries, the treatment required, the victim’s recovery, permanent limitations, and the other damages supported by the evidence.

In the reported Illinois case discussed here, the victim’s four surgeries, permanent scarring, dominant-arm impairment, and continuing limitations were significant parts of the injury picture underlying the reported $1.5 million settlement.

What This $1.5 Million Settlement Shows

The reported settlement illustrates how severe the consequences of a dog attack can be when a victim suffers fractures, extensive soft-tissue injuries, multiple surgeries, permanent scarring, and long-term limitations.

It is important to remember that a settlement in another case does not establish the value of every dog bite claim. Each case depends on its own facts, medical evidence, liability issues, insurance coverage, and long-term consequences.

The case does, however, demonstrate why victims should document their injuries and medical treatment and seek legal advice when an attack results in significant or permanent harm.

Talk to a Decatur, IL Dog Bite Attorney Today

The Decatur personal injury attorneys at Patel Law, PC represent people injured in dog attacks and other serious personal injury cases. If you have been bitten or seriously injured by a dog, call our office at 217-384-1111 to schedule a free consultation and learn more about your legal options.