Legal Question in Civil Litigation in Illinois

Re: dog bite

All dog owners are responsible for what their dog do. However, there is a defense of "provocation" in that if a dog is provoked, hurt, or otherwise abused and he turns around and bite the person, then the dog is deemed justified in doing so.

If the owner said: "don't pet my dog" and your son did it anyway, there is contributory negligence on behalf of your son. If he is more than 50% contributory negligent, then, in Illinois the law says that he gets nothing--that is his medical bills, and all other damages are his own responsibility because he caused his own injuries.

Chances are great that your son may be found to be more than 50% negligent because he did not follow the instructions of the dog owner and he took on the responsibility of the result of his action by doing so.

From the facts as you have set forth, chances are great that a jury will not find the owner responsible for your son's medical bills or any other damages that arose from the dog bite.

In any case, this assessment is based on the limited facts you have given. There are many factors that can affect an outcome. You should speak to an attorney and discuss all aspects of your case.

I hope this helps,

Taradji Law Offices