Legal Question in Personal Injury in Illinois
dog bites and legal rights
My dog bit a minor almost 2 years ago. the dog was put to sleep by the county 2 days later.
The dog was teathered to a stake in the backyard and there were 2 ''beware of dog'' signs up for saftey however the dog had never attacked before unless it was provoked. The child entered my property (i rent) while neither my wife or i was home, so we were not aware of him being there.
The statement on the summons stated, ''The minor had a legal right to be on the defendants property.'' and ''the minor entered the property with his father.''
At the time (no longer due to no dog) i was in the starting stages of putting up a chinlink fence.
What is a legal right to be on someone elses property in their absence and what does the father being there have to do with it?
3 Answers from Attorneys
Re: dog bites and legal rights
You say that you rent. Depending on your lease, it is possible that your landlord has given permission to someone else to enter his property--And it is entirely possible that since the area where the incident happened seems to be outside the leaving quarters, that your landlord would not need your permission at all to either enter personally or give permission to someone else to enter. That could explain the permissive presence on the property.
The other question on my mind is whether your lease allowed you to keep animals. That could be relevant to the issues at hand and whether you can mount a defense. On dog bite cases, the plaintiff must show that he/she did nothing to provoke the bite. Even the slightest provocation can provide you with a defense.
If you had insurance, you better get them involved right away. If not and if you are not independently wealthy, there is nothing much that can happen to you. You should consult with someone to at least get an idea of where you stand. Good luck
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Nima Taradji
Re: dog bites and legal rights
In the middle of your question, you used the word �summons�. This tells me you�ve been sued. Contact a lawyer right away and contact your renter�s insurance company to file a claim/proof of loss.
If you�ve been sued, do not ask for free advice on the internet about so serious a matter. You wouldn�t ask an internet doctor to diagnose your chest pains and shortness of breath, would you? You are at a substantial risk of a money judgment, and depending upon the outcome of the case, the judgment against you could possibly survive a bankruptcy.
Neither should you believe you can adequately handle this yourself. Based upon the nature of your questions and comments, it�s clear you need a lawyer to handle this.
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Re: dog bites and legal rights
Well, there are circumstances, such as permission and habitual practices, under which another may have the right to be your property in your absence. But if the plaintiff was "tresspassing" you may well have a valid defense. The presence of the father may or may not have any significance. You should immediately advise in writing your homeowner's or renter's insurer of the delivery of the summons, and speak only with the attorney they hire for you about the matter. The last thing you want to do is telegraph your legal strategy on a public website that the plaintiff's attorney may see. If you did not have insurance, feel free to contact me. Larry Stein (630) 221-1755.
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