If you file a dog bite claim in Illinois, the insurance company representing the dog’s owner is not on your side. These are businesses that lose money every time they pay out a claim and will use a range of strategies to reduce what you’re owed. The most common defenses include arguing that you provoked the dog, that you were trespassing at the time of the attack, that you assumed the risk of being bitten, and that your injuries are not as serious as you claim.
It’s important to be careful when dealing with the insurance companies after a dog bite with this setup in mind. Below is a closer look at the defenses you’re most likely to encounter and how a Chicago dog bite lawyer can help you respond appropriately.
Provocation
Provocation is one of the most frequently raised defenses in Illinois dog bite cases. Per the Illinois Animal Control Act, the dog’s owner is only strictly liable if the attack was unprovoked. Insurers often interpret this defense broadly, arguing that the victim’s behavior leading up to the attack constituted provocation.
What counts as provocation isn’t always obvious and could depend on the facts and circumstances of your case as well as how those details are presented. Children under seven are generally presumed incapable of provoking a dog under Illinois law, which can be an important factor in cases involving minors.
Trespassing
The Animal Control Act requires the victim to have been “peaceably conducting himself or herself in any place where he or she may lawfully be.” If the insurer can argue that you were trespassing on private property when the attack occurred, they may try to eliminate the owner’s liability entirely.
This defense tends to come up when a bite happens on the dog owner’s property and the victim didn’t have clear permission to be there. However, the definition of lawful presence is broad, and visitors, delivery workers, mail carriers, and guests all typically qualify.
Assumption of Risk
Insurance companies may also claim that you voluntarily put yourself in a position where a dog bite was a foreseeable outcome. For example, if you approached a dog that was visibly aggressive, the insurer could argue that you assumed the risk of injury.
Disputing the Severity of Your Injuries
Liability is almost impossible to dispute in some cases, but the insurance company might still try to reduce what they pay you through other means. For example, they might try to undermine your claim by arguing that your injuries were pre-existing, making it extremely important to seek care quickly after an attack to document what happened.
A Personal Injury Lawyer With Meyers & Flowers Can Help You Fight Back
Insurance companies rely on these defenses because they work against unrepresented claimants. An experienced Chicago injury attorney can anticipate each of these tactics and build a case that addresses them before they gain traction.
If you were bitten by a dog in Illinois, contact Meyers & Flowers for a free consultation. We can answer any questions you might have about your case at that time.