Dog bites lawyers Normal Illinois | How You Can Defend Against a Dog Bite Claim
In Illinois, dog and animal attacks are subject to strict liability principles. Put simply, the pet owner can be held liable for the pet’s attack if the attack is causally linked to your injury. If you believe you have a legal claim, our dog bites lawyers Normal Illinois will help you pursue justice. At Kelly & Castagna, our legal team has the experience and passion to advocate for you. Call 309-820-0600 for a free consultation.
In these types of personal injury cases, there are defenses available to dog owners. This doesn’t mean that dog owners should be reckless or negligent when it comes to their animals. It just means that if they do make a mistake, they may not be responsible. Dog bites are very serious incidents and there are many reasons why dogs might bite someone unexpectedly. Take the proper precautions with your pet and contact Kelly & Castagna for legal help. Our dog bites lawyers Normal Illinois are here to help.
The dog was provoked
If there was a dog bite attack, your best defense may be to claim the dog was provoked. If the victim of the attack provoked the dog, especially if they did so intentionally, the owner may be able to use this as a legal defense against a lawsuit and may not be held liable.
For example, when a victim was teasing or otherwise abusing the dog, or did something to threaten the property owner, the owner then may not be liable for the injuries suffered. To fully understand your options and the legal arguments, contact our dog bites lawyers Normal Illinois today.
Whether you actually provoked the animal is a factual question that will depend on the unique circumstances surrounding the attack. For instance, if the owner told you that their dog does not like being pet or should be left alone, then the court might find that you provoked the dog if you ignored the owner’s warning and chose to pet the dog anyway.
Trespassing
Trespassing is a complete defense to liability. Criminal trespass to real property happens two basic ways: when someone enters after being warned not to, or when someone won’t leave after being asked. The second type happens when someone stays on someone else’s property after being told to leave.
Pet owners are not liable for attacks if the injured plaintiff was not lawfully on the property. For example, if you pass through a neighbor’s backyard without permission and are subsequently attacked by his guard dog, you cannot sue and recover damages, as you were trespassing at the time of the attack.
It’s important to note that there are some situations in which the victim may be found to have been trespassing, or at least in a situation where they were not expressly invited onto the property. If a dog owner can prove that the victim was trespassing on their property, they might not be liable for any injury caused by their dog. In addition, if you were trying to steal something from someone else’s home or car, you may be responsible for your injuries if your alleged theft resulted in an attack by their pet. Our dog bites lawyers Normal Illinois can help you understand the nuance of these laws and provide you with your best legal options.
Contact our dog bites lawyers Normal Illinois to better understand your legal options
If you are a dog owner who has been sued for an attack, you do have legal options and our dog bites lawyers Normal Illinois are here to help. The first thing to consider is whether the person or people who were injured were trespassing at the time of the injury. In many cases, they will be found to have been trespassing and therefore liable for their own injuries.
Another defense that may be available to you is provocation of your dog by others before or during its attack on another human being. In this case you would not be liable for any damages caused by this incident because it would fall under public policy considerations due to provocation by others.
As a dog owner, you should be aware of the risk of injury that comes with owning a dog. When it comes to dogs and their behavior, there is always an element of risk. The law recognizes this fact by placing responsibility on owners to take reasonable precautions to protect others from their pets’ dangerous tendencies. You need to make sure you take the proper precautions to ensure the safety of those around you when you have a dog.
In Illinois, a dog owner is liable for injuries caused by his or her dog. Of course, there are exceptions and to fully understand your options you should consult our dog bites lawyers Normal Illinois. If you are a dog owner, you have options and Kelly & Castagna will help you explore those options. Contact us today for a free consultation.