The Illinois Animal Control Act is very specific as to what constitutes dog ownership. According to 510 ILCS 5/2.16 an owner is:
“any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. “Owner” does not include a feral cat caretaker participating in a trap, spay/neuter, return or release program.”
There are certain requirements that all dog owners in Illinois are required to follow to keep the public safe. The first involves the rabies vaccine and 510 ILCS 5/8 states:
“Every owner of a dog 4 months or more of age shall have each dog inoculated against rabies by a licensed veterinarian.”
Dogs in Illinois are not permitted to be running at large according to 510 ILCS 5/9, which states:
“Any dog found running at large contrary to provisions of this Act may be apprehended and impounded…A dog found running at large contrary to the provisions of this Act a second or subsequent time must be spayed or neutered within 30 days after being reclaimed unless already spayed or neutered; failure to comply shall result in impoundment.”
A dog that has bitten in Illinois may be deemed “vicious” or “dangerous” provided the attack meets the parameters stated in 510 ILCS 5/16, which states:
“If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”
This means that to prove that the owner of a dog, or other animal, that has bitten is liable for the bite, the injured party must prove three things:
- The dog or other animal attempted to attack, attacked, or injured the victim.
- The victim had the legal right to be in the place where the attack occurred.
- The dog or other animal was not in any way provoked into attacking.
Owners of a dog that has been deemed vicious must abide by the following regulations:
- The owner must pay a $100 public safety fine;
- The dog must be spayed or neutered within 10 days and microchipped, if not already, at the expense of the owner;
- The dog must be kept in a proper enclosure which must be approved by the court;
- The dog may not be sold or given away without the approval of the court;
- The dog is not permitted to be removed from its enclosure unless the dog needs veterinary attention, in the event of an emergency or natural disaster that threatens the life of the dog, or by court order;
- When the dog leaves its enclosure, the dog must be muzzled, leashed, and under the control of its owner;
- If the owner plans on moving, they must alert the courts that there will be a change of address for the dog;
- A vicious dog found running at large can be euthanized.
A dog deemed dangerous by the courts will have similar requirements. Dangerous dog owners are required to pay a $50 public safety fine and they will have 14 days to have the dog spayed or neutered and microchipped if needed. The dog owner will have further requirements as well, including:
- Evaluation by a certified canine behaviorist and training or other treatments as deemed necessary by said behaviorist;
- Direct supervision of the dog by an adult 18 years of age or older any time the dog is on public property;
- Possible muzzling when on public property as deemed necessary by the courts;
- A dangerous dog must be leashed at all times when off the property of the dog owner.
Any owner that is found to be in violation of the Illinois Animal Control Act, such as forging certificates, permits, or tags, could be found guilty of a Class B misdemeanor. Failure to abide by the rules set forth by the courts for vicious dogs can result in Class 2 or Class 3 felonies, in addition to civil and criminal charges. If a dangerous dog owner fails to follow their requirements, they could be found guilty of Class 3 or Class 4 felonies.
Dog owners are required to keep the general public safe. When the dog owner fails, the results can be devastating.
If you or a loved one has been injured in a dog bite attack, we at America’s Consumer Lawyer are here for you every step of the way to ensure that your rights are protected and you are fully compensated for your injuries and losses, and this includes working on your behalf to ensure a favorable settlement.
We at America’s Consumer Lawyer are proud to serve our fellow citizens in personal injury cases, including when you or a loved one has been injured in a dog bite attack, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when
negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, such as medical expenses, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
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