Illinois Man Injured in Pit Bull Attack
A 62-year-old man was hospitalized after a stray pit bull attacked him while he was working on his vehicle in North Alton.
A 62-year-old man was seriously injured after being attacked by a pit bull in Alton, Illinois. According to reports, the man was working on his vehicle when a stray dog attacked him, causing injuries to his arms and legs.
The incident reportedly occurred at approximately 1:40 p.m. in the North Alton neighborhood. Alton police officers, firefighters, and animal control personnel responded to the scene. The dog remained at large after the attack, and authorities searched the area in an effort to locate it.
Quick Answer
Illinois law generally provides a statutory cause of action when a dog, without provocation, attacks or injures a person who is peaceably conducting themselves in a place where they have a legal right to be. Under the Illinois Animal Control Act, the owner can be liable for the full amount of the injury proximately caused by the animal.
What Happened During the Alton Dog Attack?
According to reports, the victim was working on his car when the stray pit bull approached and attacked him. He suffered injuries to his arms and legs and was taken to a hospital for treatment. His injuries were reported as serious but not life-threatening.
Responding firefighters helped move the man away from the dog and into an ambulance. Police and animal control officers continued searching for the animal after the attack. An officer reportedly discharged a Taser at the dog at least twice, but the dog escaped and was last seen running away.
The Attack Occurred
The victim was reportedly working on his vehicle when the dog attacked him.
Emergency Responders Arrived
Police, firefighters, and animal control officers responded while the dog remained at large.
The Victim Was Taken to the Hospital
The man was transported for treatment of injuries to his arms and legs.
Authorities Searched for the Dog
Police and animal control personnel continued looking for the dog and attempting to determine where it came from.
Illinois Dog Bite Laws
Illinois dog bite claims are governed in large part by the state’s Animal Control Act. Under 510 ILCS 5/16, an owner can be liable when a dog, without provocation, attacks, attempts to attack, or injures a person who is peaceably conducting themselves in a place where they may lawfully be.
The statute provides for civil liability for the full amount of the injury proximately caused by the animal. Unlike a traditional negligence claim, an injured person generally does not have to prove that the owner knew the dog had previously demonstrated aggressive behavior in order to pursue a claim under the Animal Control Act.
What Must Be Shown Under Illinois Law?
A dog bite claim under 510 ILCS 5/16 generally involves showing that the animal caused the injury, the injured person did not provoke the animal, the person was acting peaceably, and the person had a legal right to be where the injury occurred.
Illinois Does Not Follow the Traditional One-Bite Rule
Some states follow what is commonly called the “one-bite rule.” Under that approach, an injured person may need to establish that the owner knew or should have known that the animal had dangerous or aggressive tendencies.
Illinois takes a different approach under the Animal Control Act. A plaintiff pursuing a claim under 510 ILCS 5/16 does not generally need to establish that the dog previously bit someone or that the owner knew the dog was dangerous. Instead, the statute focuses on factors such as provocation, the injured person’s conduct, and whether the person was lawfully present.
No Previous Bite Required
A claim under Illinois’s statute is not dependent on proving that the dog had bitten someone before.
Provocation Can Matter
An owner may dispute liability by arguing that the animal was provoked, depending on the facts and evidence surrounding the incident.
Lawful Presence Matters
The statute applies when the injured person was peaceably conducting themselves in a place where they had a legal right to be.
What Happens When the Dog Cannot Be Found?
Identifying the dog and determining who owned, kept, or harbored it can be an important part of investigating a dog attack. In the Alton incident, the dog reportedly fled the scene, and police and animal control officers searched for it afterward.
When a dog is missing after an attack, an investigation may include reviewing photographs or video, speaking with witnesses, checking nearby properties, contacting animal control, and determining whether the animal has identifying information such as a collar or microchip.
Why Identification Matters
A successful claim requires evidence connecting the animal and the responsible owner or other legally responsible person to the incident. When the dog initially cannot be located, identifying the animal can therefore be a critical part of the investigation.
What Damages Can a Dog Bite Victim Recover?
A serious dog attack can result in medical treatment, missed work, physical pain, emotional distress, and lasting changes to a person’s daily life. Depending on the facts of the case, a dog bite claim may seek compensation for losses caused by the injury.
Medical Expenses
Emergency treatment, hospital care, medications, follow-up treatment, and other accident-related medical expenses may be part of a claim.
Lost Wages
Time missed from work because of the injury and resulting treatment may be relevant to the value of a claim.
Pain and Suffering
Physical pain, emotional distress, scarring, fear, and other effects of a serious attack may be considered.
Reduced Quality of Life
Lasting limitations or changes to a person’s normal activities may also be relevant to the damages caused by an attack.
What About the Rise in Dog Ownership During the COVID-19 Pandemic?
Many families acquired dogs during the COVID-19 pandemic, and concerns have been raised about animals that may have had fewer opportunities for socialization or training during that period. However, whether a particular dog is dangerous depends on the facts involving that individual animal.
For purposes of an Illinois claim under the Animal Control Act, the date a dog was purchased or adopted does not by itself determine whether an injured person can recover. The key statutory questions include whether the animal attacked or injured the person, whether there was provocation, whether the injured person was acting peaceably, and whether the person had a legal right to be where the incident occurred.
There Is No “COVID Defense” Under the Statute
Whether a dog was acquired before, during, or after the pandemic does not automatically eliminate an owner’s potential liability under Illinois’s Animal Control Act. The circumstances of the attack and the requirements of 510 ILCS 5/16 remain important.
What Should You Do After an Illinois Dog Attack?
A dog attack can leave a victim dealing with immediate medical treatment as well as longer-term physical and emotional consequences. Preserving evidence early can be particularly important when the animal or its owner has not yet been identified.
Seek Medical Treatment
Seek prompt medical attention for bites, puncture wounds, lacerations, fractures, infections, or other injuries. Keep copies of medical records and bills related to the attack.
Report the Attack
Contact local law enforcement or animal control so the incident can be documented and the animal can be located and evaluated.
Identify Witnesses and Preserve Evidence
Photographs of injuries, clothing damaged during the attack, photographs of the location, surveillance footage, witness contact information, and police or animal control reports may all become important evidence.
Determine Who Was Responsible for the Dog
When the dog is identified, investigators may need to determine who owned, kept, harbored, or otherwise had responsibility for the animal under the circumstances.
Dog Attacks Can Cause Lasting Injuries
A dog attack is not necessarily limited to the initial bite wounds. Victims may face infections, nerve damage, muscle or tendon injuries, permanent scarring, reconstructive procedures, and emotional trauma. Serious attacks can also affect a person’s ability to work and participate in ordinary daily activities.
The circumstances surrounding every animal attack are different. The severity of the injuries, the medical treatment required, the circumstances of the attack, the identity of the responsible owner, and the available evidence can all affect a potential claim.
Talk to an Illinois Dog Bite Lawyer
The Springfield Dog Bite lawyers at Patel Law, PC represent people who have been injured by dangerous or aggressive dogs. We can investigate the circumstances of the attack and help determine whether a claim may be available.
Learn More About Patel Law, PC
Our attorneys can review the facts of a dog attack and explain the legal options that may be available.
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