The dog owner is typically liable for dog bite incidents at Naperville dog parks under Illinois’ strict liability law, which holds owners responsible for injuries their dogs cause regardless of the dog’s prior behavior. However, liability can be complicated by assumption of risk arguments since dog parks are areas where people knowingly expose themselves to dogs.
If a dog bit you or your child at a Naperville dog park, a Naperville dog bite lawyer from Charlie Therman Injury & Accident Lawyers, P.C., can help. We will investigate the circumstances, determine who bears legal responsibility, and help you pursue compensation for your injuries.
Illinois Strict Liability for Dog Bites
Illinois has one of the strongest dog bite laws in the country, making it relatively easy for victims to recover compensation compared to states that require proof of prior dangerous behavior. Under the Illinois Animal Control Act, a dog owner is liable for injuries their dog causes to any person who is lawfully on the property where the incident occurs.
The law applies strict liability, meaning the victim does not need to prove the owner knew the dog was dangerous or that the owner was negligent. The fact that the dog bit someone is sufficient to establish liability.
The victim needs only to prove that the dog caused their injuries and that they were lawfully present at the location where the bite occurred. If so, then they can hold the dog owner liable for a dog bite incident at a Naperville dog park.
Specific to Dog Bites
However, strict liability under Illinois law applies specifically to dog bites, not to all injuries dogs cause. If a dog knocks someone down or causes injuries without actually biting, the victim may need to prove negligence rather than relying on strict liability. This distinction matters in dog park incidents where injuries sometimes occur without bites.
The Assumption of Risk Defense in Dog Park Cases
Assumption of risk is a legal idea that prevents people from recovering compensation for injuries resulting from risks they voluntarily accepted. Dog park owners argue that by entering an area specifically designated for off-leash dogs, visitors acknowledge and accept the inherent dangers of being around dogs, including the possibility of being bitten.
Courts have recognized that dog parks do involve certain inherent risks that visitors accept. However, assumption of risk does not eliminate all liability. The defense applies only to risks that are obvious and unavoidable in the activity.
A person may assume the risk of minor injuries from normal dog behavior, such as being scratched during play or knocked over by an excited dog. However, they do not assume the risk of attacks by aggressive dogs, bites from dogs exhibiting warning signs of aggression that owners ignored, or injuries caused by owners failing to control dogs they know are dangerous.
Documenting Dog Park Bite Incidents at Naperville Dog Parks
Get the dog owner’s contact information, including their name, address, phone number, and email. Obtain the dog’s information, including its breed, name, age, and vaccination status. If possible, take photographs of the dog.
Collect contact information from witnesses who saw the incident, including other dog park visitors. Then, seek immediate medical attention even if injuries seem minor, as dog bites can lead to serious infections. Follow all medical advice for wound care and follow-up treatment.
File an incident report with the dog park operator if possible. This creates official documentation of what occurred. Then, seek legal advice from a Naperville dog bite lawyer for further guidance on how to get compensation for your injury.
Medical Concerns After Dog Park Bites
Dog bites carry high infection risks. Puncture wounds are particularly prone to infection because they are difficult to clean thoroughly. Signs of infection include increasing redness and swelling, warmth around the wound, discharge or pus, fever, and red streaks extending from the wound. Any of these symptoms requires immediate medical attention.
Rabies is a serious concern with any dog bite, though it is rare in domestic dogs. If the dog owner cannot prove a current rabies vaccination, you may need to undergo rabies post-exposure prophylaxis, which involves a series of shots. Tetanus vaccination status should be checked after any bite that breaks the skin, with booster shots given if needed.
Beyond infections, dog bites can cause significant tissue damage, including torn muscles and tendons, nerve damage leading to numbness or loss of function, damage to bones and joints in severe bites, and disfiguring scars requiring reconstructive surgery. Facial bites, which are common in children, are particularly serious and may require plastic surgery.
Contact Charlie Therman for Help With Your Naperville Dog Park Bite Case
Dog park bites can cause serious physical and psychological injuries that deserve full compensation. At Charlie Therman Injury & Accident Lawyers, P.C., we have been fighting for injured clients since 2002 and have recovered over $100 million in compensation.
We go to bat for our clients by thoroughly investigating dog park incidents, obtaining animal control records, gathering witness testimony, and countering defenses that attempt to blame victims for entering dog parks.
Choose Charlie and let us handle your dog park bite claim while you focus on physical and emotional recovery. Contact us to learn about liability for your dog bite incident at a Naperville dog park.
