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Copyright Notice
Copyright © 2017 by Rosenfeld Injury Lawyers
All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or
by any means, including photocopying, recording, or other electronic or mechanical methods, without the
prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews
and certain other noncommercial uses permitted by copyright law. For permission requests, write to the
publisher, addressed “Attention: Permissions Coordinator,” at the address below.
Rosenfeld Injury Lawyers
33 N Dearborn St #1930
Chicago, IL 60602
www.rosenfeldinjurylawyers.com
Why a Personal Injury Lawyer
Thinks Facts about Dog Bites Take
an Entire Book to Discuss
I am Jonathan Rosenfeld, lead counsel at Rosenfeld Injury Lawyers. Our entire team of attorneys
concentrate our efforts on personal injury and wrongful death matters and remain committed to
assisting families and individuals to successfully resolve their personal injury case.
Our personal injury law firm handles every aspect of injury cases from filing a claim/lawsuit through case
resolution. We are legal experts in winning cases that involve Illinois accidents, injuries and wrongful death,
including dog bites and animal attacks.
As lead counsel, I ensure that all of our clients receive the highest level of legal representation. Many of our
lawyers routinely attend seminars to advance their knowledge of civil tort laws in an effort to provide the
best advice, counsel, and representation to our clients.
I believe it is essential that victims understand every legal option involved in filing a claim for financial
compensation in an Illinois dog bite case. I trust this book will provide valuable information including
Illinois laws concerning dog bites, statistics on common types of attacks, the kinds of injuries victims
endure and why hiring a lawyer typically provides the best outcome to the case.
I provide information on how to choose the best attorney in your community along with pertinent
questions that should be asked and answered during an initial consultation to discuss the case.
I have made it a practice to always be available to personally speak with individuals who call my
law office.
Jonathan Rosenfeld, Attorney at Law
Jonathan@RosenfeldInjuryLawyers.com
https://www.RosenfeldInjuryLawyers.com
https://www.ChicagoDogBiteInjuryLawyers.com
Toll-Free: (888) 424-5757
Copyright 2016 by Jonathan Rosenfeld, Attorney at Law
All rights reserved. No part of this book may be used or reproduced in any manner
whatsoever without written permission of the author.
What Our Clients Have to Say
I am grateful for thework done on behalf of my
son. I know thereis no way I could have gotten a
recoverylike that on my own.” – Dolores
If you are injured by a dog, these are the guys you
want on your side.” – Judy
I can’t say enough positive things about my
experience with Rosenfeld InjuryLawyers, they were
honest,professional and got results.” – Shawn
This office went above and beyond to help. I feel
blessed to have them.” – Sheila
“
“
“
“
Providing Legal Advice
By law, I cannot provide legal advice or counsel in this book and any information printed in these pages
should not be taken as legal advice. This information should be used only as an effective tool to better
understand your basic rights.
If Rosenfeld Injury Lawyers represent you or any member of your family in a dog bite case, I will
personally explain your legal rights and options under Illinois tort law. Our team of attorneys will assist
you in every aspect of the entire process from gathering evidence, filing a lawsuit/claim and resolving
your compensatory case.
Our Results Achieved for
Dog Bite Victims
I have added a list of recent dog bite cases our attorneys at Rosenfeld Injury Lawyers have handled. The
cases below were resolved either through litigation or through the dog owner’s insurance carrier. The most
recent resolved cases providing financial compensation to our clients include:
Î $600,000 policy limit involving a child attacked by a pit bull
Î $475,000 hand injury dog mauling attack
Î $450,000 resolution in a case involving facial scarring
Î $415,000 dog attack of a woman on a stairway
Î $389,900 Doberman attack of a bicyclist
Î $300,000 leg and arm scarring case
Î $259,000 mediation award involving dog bite of the child in a park
Î $250,000 case resolution involving a fractured leg when the victim attempted to evade the dog
Î $199,000 injury to the victim’s nose that required reconstructive surgery
Dog Bite Injuries and Fatalities
Each day, more than 1,000 Americans require medical emergency care for dog bite injuries nationwide.
Over an 11-year span beginning in 2005 until 2015, 360 citizens in the U.S. suffered a fatal injury caused by
a dog bite attack.
While every dog has the capacity to bite an innocent victim, Pit Bulls and Rottweilers account for more
than 90% of all dog bite fatalities followed by German Shepherds and Mastiff/Bullmastiff dogs.
Insurance company statistics reveal that Illinois ranked second in the number of dog bite claims (309) in
2013 resulting in $8.9 million in compensation to the victims and surviving family members. Only
California had more claims (449) that year resulting in $14.7 million in recompense.
The American Humane Society says that two out of every three dog bites involving children occur to the
child’s neck and head.1
Studies conducted by the Centers for Disease Control and Prevention (CDC) reveal
that most dog bite related injuries involve children between five and nine years old.2
According to the United States Postal Service, 47 postal workers were bitten by dogs in Chicago in 2012.
This ranks the largest city in Illinois as number five in the nation where nearly 5,600 postal employees were
involved in dog attacks that same year.
Other statistics reveal that nearly one out of every three dog bite fatalities in 2015 were either temporarily
living or visiting the dog owner’s home when the fatal bite occurred. These statistics also show that other
breeds including Boxers, Sharpeis, Fila Brasieros, Dogo Argentinos, Cane Corsos, Preso Canarios and their
mixes inflict the highest number of injuries to children and adults that include:
1 http://www.cdc.gov/features/dog-bite-prevention/
2 https://www.avma.org/Events/pethealth/Pages/Dog-Bite-Prevention-Week.aspx
Î One in nine attacks results in maiming.
Î More than one out of every eight attacks involve children.
Î Almost 9 out of every 10 attacks by dogs induce bodily harm.
Î Three out of every four attacks involving the breeds listed above resulted in fatalities.
Î The breeds listed above account for nearly 10% of the total canine population nationwide.
A 2010 study published by AHRQ (Agency for Healthcare Research and Quality) show that the average
medical expense of hospital stays for dog bites total more than $18,200, which equals 150 percent more
than the cost of a stay in the hospital for an average injury.3
The study also revealed that dog attack-related emergency room visits are 400 percent higher in rural
environments compared to urban environments that result in nearly 300 percent higher hospital stays for
treatment and recovery.
3 http://www.hcup-us.ahrq.gov/reports/statbriefs/sb101.pdf
Factors Other Than the Dog’s Breed
There are other risk factors to dog attacks than simply the dog’s breed. A 1994 case-control study4
revealed a few other high-risk factors to injurious and fatal dog bite attacks. These factors include:
Î Dogs that bite humans are 6.2 times more likely to be male.
Î Dogs that bite humans are 2.6 times more likely to not have been fixed, spayed or neutered.
Î Dogs that bite humans are 2.8 times more likely to attack while on a chain.
Even a well-trained or highly domesticated canine can react in a moment that leads to a dog attack.
Unfortunately, many dog owners assume their pet would never attack a human or other dog. National
statistics reveal that failing to take necessary precautions can lead to catastrophic results when their dog
lashes out at asmall child, teenager, adult or another animal.
4 http://www.dogsbite.org/pdf/1991-which-dogs-bite-denver.pdf
Illinois Law on Dog Bites
According to the statutes of the state of Illinois, every dog owner, keeper or harborer of canines (or any
animal) can be held legally and financially liable for the injury or fatality of individuals even if it can be
proven there was no negligence caused by the defendant to provoke the incident.
However, the word “owner” in the Animal Control Act5
dog bite statute is more loosely defined by law as
“Any person having the right of property in an animal, or who keeps or harbors an animal, or who
has in [their] care, or acts as its custodian, or who knowingly permits a dog to remain on any
premises occupied by him or her.” (510 ILCS 5/2.16.)
The most relevant portion of the statute at page 510 ILCS 5/16. Section. 16 reads:
“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.”
5 http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=051000050K16
Chicago Dog Bite Municipal Code
There are extensive financial penalties for dog owners if they neglect to comply with Chicago municipal
codes involving dog ownership, or causes property damage. Specific portions of municipal codes for the
city of Chicago6
include:
Î Restraint – Every canine must be confined within the property boundaries of their owner’s
residents. If there is no fence to restrain the dog on the premises, the canine must be properly
leashed and continuously supervised, otherwise, the dog is not permitted to be kept outdoors.
Established fences must be constructed at a height tall enough to prevent the dog from escaping or
jumping over.
Î Dog Bites – If the owner’s dog bites an individual while the canine is not on the owner’s property, the
dog owner faces an automatic offense. This includes a $300 fine for improperly restraining the canine.
If the animal causes serious injuries to a human, the fine is increased to between $1000 and $10,000.
Î Property Damage – In the event that the unrestrained dog causes property damage belonging to
another, the owner can face a fine ranging between $300 and $1000.
Î Serious Injury or Death – In the event that the animal causes a human serious injury or death, the
dog will be impounded at the owner’s expense.
6 https://chicagocode.org/7/7-12/
Î Dog Owner Responsibility – The dog owner is responsible for any incident involving a bite or
attack on a human. At that time, the dog must be placed under the care of a veterinarian to be
observed for 10 days unless the owner can provide evidence that the canine is current on rabies
vaccinations. Even if there is rabies vaccination evidence, the canine is still required to
remain confined inside the owner’s residence for 10 days in a way that the dog is unable to cause
additional harm to any other animal or human.
Î Transfer of Ownership – If the dog is involved in an attack or dog bite, it is illegal for the owner to
sell their canine, give it away or inoculate it after the event.
Î Financial Penalties – Dog owners face fines between $300 and $500 for failing to meet any of the
Chicago municipal codes concerning restraint of their dog and the proper procedures after an
attack. Every day that the owner breaks the law constitutes additional fines to the extent that the
dog owner may be subject up to six months of jail time.
We typically represent our clients through the filing of a claim or lawsuit against the dog owner, handler or
keeper after building a case in part using the Illinois statutes and Chicago municipal codes listed above.
Additional parties (defendants) might also be involved in our client’s dog bite victim claim for
compensation that could include the dog’s custodian or others who played the direct or indirect part in
the attack event.
Common Victims of Dog Bites
A survey released in 2004 by the APPMA (American Pet Products Manufacturers Association) revealed
that over 65 million dogs are household pets in the United States.
Since the turn of the millennium, the CDC (Centers for Disease Control and Prevention) has conducted
numerous surveys in America, revealing statistics that list the most common victims of dog bites.7
The
surprising statistics revealed that:
Î 4.5 million dog bites occur every year affecting 1.5 percent of the entire population.
Î Of the more than 880,000 annual dog bites, which represents approximately one out of every five,
are severe enough to require emergency and/or ongoing medical attention.
Î Children have a 3.2 to 1 odds of becoming a dog bite victim with the severest injuries occurring to
children between the ages of five years to nine years old.
Î Children under 10 years old attacked by a dog are likely to suffer facial (cheeks, nose and lips)
injuries.
Î While California’s ranked as the state with the highest claims for dog bite attacks, Illinois ranks
second in the nation.
Estimates by the CDC reveal that nearly 50 percent of all children under 13 years old have been bitten by a
dog. Many of these attacks were the result of either intentional or unintentional provocation while
approaching a canine while it was sleeping or eating.
7 https://www.avma.org/kb/resources/reference/human-animal-bond/pages/human-animal-bond-dog-
bite-prevention.aspx
Dog Bite Guidebook
In 2012, approximately 27,000 dog bite victims underwent reconstructive surgery, many of whom were
left with debilitating results.
In 2001, nearly 16,500 dog bite-related accidents involved individuals 16 years and older who were
working on the job at the time of the attack.
Dog bite attacks rank fifth as the most frequent cause of emergency room visits among children.
The number of medically-attended dog bites since 1986 has increased by almost 36 percent.
The number of dog bite-related hospitalizations increased 86 percent between 1993 and 2008.
Between 1980 and 2012, the number of fatal dog attacks rose by more than 82 percent.
The highest incident rate of child-related dog bite attacks occurs to children who are acquainted with a
neighbor or friend’s pet, or their own dog.
Many adults and children failed to recognize one or more warning signs by dogs that they are
uncomfortable with the individual. The attacks usually come as a last resort due to the individual’s
failure to back off.
Unsupervised Children
Leaving a child unsupervised around any dog is one of the leading factors of fatal dog attacks. This is
because an unsupervised child remains especially vulnerable to a life-threatening attack because:
Î Nearly every dog breed is less likely to bite or attack children when they are in the presence of
adults, especially in the presence of the dog’s owner.
Î If the dog attacks the child and an adult is present the scene, the quick intervention of an adult
taking charge can prevent the dog bite from resulting in a fatality.
Î The small size of children usually means they cannot sustain a serious dog bite until help arrives.
With some intervention on the part of an adult, a potentially serious life-threatening attack might be
minimized, saving the life of the child.
Î Young children often engage with dogs using dangerous behavior. This includes approaching the
animal at too close a distance if the canine is chained or if the child attempts to kiss/hug an
unfamiliar dog.
Frequent Dog Bite Injuries
Wounds from a dog bite attack are some of the most vicious types of injuries a victim can endure.
According to the CDC (Centers for Disease Control and Prevention), the most common types of dog bite
injuries8
include:
Î Puncture Wounds – Many puncture wounds in a dog bite attack bleed profusely, can be life-
threatening and should receive immediate medical treatment. This is because the canine teeth on
a dog can sever main arteries in the face, neck, arms and legs. Without proper treatment, including
antibiotics and regular wound care, even a simple puncture wound can develop into a life-
threatening condition.
Î Nerve Damage – When a dog attacks, its teeth tend to puncture hard and deep, often causing
extensive nerve damage in the victim’s face, neck, legs or arms. Damage to nerves often results in
limited mobility issues and ongoing (chronic) pain that lasts weeks, months or years after the skin
and tissue have healed.
Î Infection – Nearly every dog bite attack involves scratching and biting. This means that the chance of
infection is greatly increased. Often times, the dog is covered in bacteria, waste, soil or other unclean
substances that are easily transferable into the open wound while the attack is occurring. Indicators
of a dog bite infection often include swelling, tenderness, redness, heat and/or pus. Victims that are
very young or old tend to be especially prone to developing infections after a dog bite attack.
8 http://www.cdc.gov/features/dog-bite-prevention/
Î Facial and Neck Scarring – Nearly every dog bite attack injury can heal to some degree. However,
many victims are left with permanent scarring on their face, neck, shoulders, arms and hands. In
many cases, the victim’s quality of life is changed forever because their facialscarring steals their self-
confidence and a chance to live a normal life. Many victims of facial and neck scarring require years of
expensive, painful reconstructive surgeries.
Î Post-Traumatic Stress – Emotional distress and post-traumatic stress following a dog attack seem to
be prevalent conditions especially in children that often last a lifetime without psychological care.
Many victims report nightmares, a high level of fear and anxiety around dogs, the fear of going outside
and other notable symptoms of emotional trauma.
Î Rabies – Though rabies is not a common occurrence in urban settings, the law requires that the
animal involved in the attack be confined for 10 days for observation. If the dog appears healthy and
is available for an observation lasting 10 days, the victim is allowed to wait to begin painful
vaccination injections unless the canine develops clinical signs of rabies. Any dog that is suspected to
be rabid or known to be rabid requires immediate vaccination of the victim. If the animal cannot be
located, it is crucial to seek medical attention to remain protected from the life-threatening disease.
Steps to Take after the Dog Attack
Most dog bite attacks are horrific and leave the victim stunned, alone, afraid and unaware of what to do
next. The steps the victim takes immediately afterward could save their life and assist them in obtaining a
full financial recovery for the injuries they have endured. These steps include:
Î If physically possible, report the attack to the dog’s owner and proper authorities (Police
Department, Fire Department) including City/County Animal Control Department.
Î Seek immediate medical attention even if your injuries do not appear to be severe. This is because
punctures and open wounds can easily become infected or result in scarring or nerve damage.
Î Photograph each one of your injuries
Î Ensure that the dog involved in the attack is current on all its vaccinations including their
rabies shot.
Î If you know the dog’s owner, obtain their homeowner’s policy including the insurer’s name, the
owner’s name, their policy number and the policy agent.
Î If the owner rents their home, obtain information about the property owner, the homeowner’s
coverage, the renter’s coverage and a copy of the renter’s lease agreement.
Î Consider long and hard before accepting a settlement from a claims adjuster without first discussing
your legal options with a reputable personal injury attorney who specializes in dog bite attacks. This
is because the claims adjuster working for the insurance company will attempt to offer to settle the
case for an amount far lower than its actual value.
Î Consider hiring an attorney to perform a thorough investigation to learn the history of the animal to
see if the dog attacked another animal or individual in the past.
Hiring a personal injury attorney is crucial because the law firm can provide legal representation by
developing a case for compensation after a thorough investigation has been completed by competent
investigators and medical experts.
In the meantime, it is crucial that the victim reports the incident, obtains medical attention, photographs
their injuries as soon as possible and confirms the dog has received their current vaccinations.
Why You Need an Attorney
with Dog Bite Experience
Twelve Reasons to Hire a Lawyer
There are numerous reasons why hiring a reputable personal injury attorney who specializes in dog bite
attacks is crucial to the successful conclusion of a financial compensation claim or lawsuit.
First
Less than one percent of all victims of dog bites and attacks are financially compensated for their injuries or
damages. Out of the more than 4.5 Americans involved in dog bite attacks every year, insurance carriers only
settle claims with approximately 16,000 victims.9
Second
When a dog bite victim is not legally represented by a skilled personal injury lawyer, claims adjusters will
typically offer the victim upwards of 20 percent of the financial amount they would have paid on a claim
had the victim been represented by an attorney. As a result, the insurance company simply keeps the
remaining funds as profits to paid to their stockholders.
9 http://www.insurancequotes.com/home/dog-bite-claims
Third
Because reputable personal injury attorneys handling dog bite attack cases work through contingency fee
arrangements, they are only paid approximately one-third of the total financial settlement to cover the
cost of their legal services. The remaining amount is given to the victim at a rate significantly higher than
the 20 percent they would have received without an attorney’s assistance.
Fourth
When the victim attempts to file and pursue a claim against the defendant in a dog bite case, they act as
the prosecutor. However, this can be problematic. During the claims process, the victim may not
accurately fill out paperwork or legally explain the details of the case to ensure they are provided the
highest level of financial compensation. Many times, the dog bite victim makes accusations against the
defendant that are unnecessary or unprofessional under the law. Alternatively, an attorney can say nearly
anything to ensure a successful financial resolution that are never the words of the victim.
Seventh
More than 98 percent of all bodily injury financial compensation cases are settled out of court, before
ever going to trial. Dog bite victims represented by an attorney have an unspoken threat over the
insurance carrier that going to trial is a possibility if the case is not efficiently, adequately and quickly
resolved.
Eighth
Successful lawyers use proven methods to accurately evaluate the value of their client’s claim to ensure
they receive adequate recompense. Many out of court settlements and trial awards are never published,
which can make it nearly impossible for the victim to obtain a reliable source of data on how much their
case is actually worth. However, skilled attorneys have access to unpublished information and valuable
resources, investigators and experts to help determine the level of injuries and the amount of time, effort
and money it will require for the victim to live out the remainder of their life based on their dog bite-
associated disabilities.
Ninth
Many dog bite victims lose their capacity to earn a living during their recovery or months or years after the
attack has occurred. However, proving lost income in a claim for compensation requires extensive proof
from the employer of the victim. A skilled attorney can ensure that the victim receives all of their money
including fringe benefits. If the damages, disfigurement or injuries result in a substantial claim for loss of
any future earning capacity, an experienced attorney can prove additional damages through
psychological and sociological research that is often out of the reach of the victim.
Tenth
Nearly all dog bite attack cases are handled through contingency fee agreements, meaning that the
reputable personal injury attorney uses a law firm’s funds to obtain official reliable copies of police reports,
medical evidence, and expenses and will hire their photographer to gather photographic evidence of the
victim’s injuries. The law firm will also upfront the cost of a private investigator to find evidence of the
attacking dog’s history and retain doctor or nurse consultants to assess, evaluate, review and summarize all
bits of medical evidence pertaining to the case.
Eleventh
Many of the medical expenses the victim accumulates in a dog bite attack are paid by their health insurance
company or through public assistance. Any monies paid by the dog owner’s insurance company will often
go directly to third parties to pay those bills. However, attorneys representing accident victims can step in
and negotiate with those third parties by using state statutes that restrict government agencies and
insurance companies from collecting from injured individuals under certain circumstances. Most injured
victims are unaware of how to deal with third-party claims to the extent that a reputable attorney can on
their behalf.
Twelfth
Hiring an attorney early on in the claims process enables insurance carriers to better assess the amount of
financial compensation they are likely to pay out to the victim. This is because reputable lawyers
can offer key evidence including eyewitness accounts, medical documents and police reports to the
insurance adjuster. If the insurance company has enough evidence to properly evaluate the case, they are
more likely to settle quickly and adequately. An inexperienced victim runs the potential of providing
inaccurate information or alack of sufficient evidence which could cause the resolution of the case to take
longer or be denied altogether.
Before Hiring an Illinois Lawyer
Not every Illinois attorney specializes in dog bite/animal attack injury cases. This is because these types
of cases are often extremely complex. Without a comprehensive understanding of Illinois tort law and
municipal codes, an inexperienced attorney would be challenged in developing a successful legal strategy
to ensure the victim receives a fair settlement in their case.
However, just because an attorney does not specialize in personal injury cases, does not mean that the
law firm will not reach out to represent the victim and their serious dog bite injury case. However, many
inexperienced lawyers are not familiar with the technicalities of personal injury law. Their inexperience
could result in losing the victim’s case and their opportunity in the future to successfully resolve their
client’s claim for compensation.
Questions to Ask before Legal Representation
The surest way to locate the best personal injury attorneys is to ask the perfect questions before signing an
agreement for representation. The top seven questions to ask include:
1. What percentage of your cases do you devote to handling personal injury claims including dog
bites and animal attacks?
2. Do you have immediate access to all the necessary resources required to handle a case exactly like
mine to ensure it reaches a successful conclusion?
3. Can you tell me your success in negotiating out-of-court dog bite case settlements in their dollar
amounts?
4. How many of your dog bite cases have gone to trial for litigation and what were the dollar amounts
paid to your clients once the jury reached their verdict?
5. Do you maintain an online website so I can obtain additional information on personal injury
cases like mine to assist me in making the best decisions in successfully resolving my financial
compensation case?
6. Do you represent your clients through contingency fee agreements so that they are not required to
pay you any upfront fees or retainers?
7. Do you waive all of your fees for your legal services you provide to your clients in the event that you
cannot obtain an adequate negotiated financial settlement or win their case at trial?
The personal injury attorneys at Rosenfeld Injury Lawyers provide direct actions to every question above
and more. Our attorneys have represented injured victims of dog bite and animal attacks and their families
in the state of Illinois for years.
We offer the best skilled legal services in Illinois because of our thorough comprehension of civil tort law,
experience and expertise in handling personal injury cases that result in severe injuries and loss of life. We
have extensive skills in understanding how to negotiate challenging cases to provide the best
representation for our clients.
Our law firm has an extensive history of receiving many referrals from our past clients and other attorneys,
medical professionals and investigators who recognize the level of representation we provide our clients.
More Information
If you would like additional information on what to do next, please review https://www.
RosenfeldInjuryLawyers.com and https://www.ChicagoDogBiteInjuryLawyers.com. In addition, you
can speak with me, Jonathan Rosenfeld, personally by calling (888) 424-5757.
For information frequently sought by many dog bite victims, I invite you to visit our Dog Bite FAQ’s.
It is important to note that every case we handle is different in its complexity, evidence and results. We
take every possible opportunity to quickly but fairly resolve our cases through experienced negotiation
strategies through out of court settlements or by building a solid case for financial recompense when
litigating the case in front of a judge and jury.
Our extensive negotiation and litigation experience has proven to be an important factor in the
successful outcomes we have achieved on behalf of our clients.
Jonathan Rosenfeld, Attorney at Law
Jonathan@RosenfeldInjuryLawyers.com
https://www.RosenfeldInjuryLawyers.com
https://www.ChicagoDogBiteInjuryLawyers.com
Toll-Free: (888) 424-5757 Specializing
in Illinois Dog Bite Cases

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Dog Bite Guidebook: Tips for Helping Victims Recover Compensation

  • 1. Copyright Notice Copyright © 2017 by Rosenfeld Injury Lawyers All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to the publisher, addressed “Attention: Permissions Coordinator,” at the address below. Rosenfeld Injury Lawyers 33 N Dearborn St #1930 Chicago, IL 60602 www.rosenfeldinjurylawyers.com
  • 2. Why a Personal Injury Lawyer Thinks Facts about Dog Bites Take an Entire Book to Discuss I am Jonathan Rosenfeld, lead counsel at Rosenfeld Injury Lawyers. Our entire team of attorneys concentrate our efforts on personal injury and wrongful death matters and remain committed to assisting families and individuals to successfully resolve their personal injury case. Our personal injury law firm handles every aspect of injury cases from filing a claim/lawsuit through case resolution. We are legal experts in winning cases that involve Illinois accidents, injuries and wrongful death, including dog bites and animal attacks. As lead counsel, I ensure that all of our clients receive the highest level of legal representation. Many of our lawyers routinely attend seminars to advance their knowledge of civil tort laws in an effort to provide the best advice, counsel, and representation to our clients. I believe it is essential that victims understand every legal option involved in filing a claim for financial compensation in an Illinois dog bite case. I trust this book will provide valuable information including Illinois laws concerning dog bites, statistics on common types of attacks, the kinds of injuries victims endure and why hiring a lawyer typically provides the best outcome to the case. I provide information on how to choose the best attorney in your community along with pertinent questions that should be asked and answered during an initial consultation to discuss the case. I have made it a practice to always be available to personally speak with individuals who call my law office.
  • 3. Jonathan Rosenfeld, Attorney at Law Jonathan@RosenfeldInjuryLawyers.com https://www.RosenfeldInjuryLawyers.com https://www.ChicagoDogBiteInjuryLawyers.com Toll-Free: (888) 424-5757 Copyright 2016 by Jonathan Rosenfeld, Attorney at Law All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the author.
  • 4. What Our Clients Have to Say I am grateful for thework done on behalf of my son. I know thereis no way I could have gotten a recoverylike that on my own.” – Dolores If you are injured by a dog, these are the guys you want on your side.” – Judy I can’t say enough positive things about my experience with Rosenfeld InjuryLawyers, they were honest,professional and got results.” – Shawn This office went above and beyond to help. I feel blessed to have them.” – Sheila “ “ “ “
  • 5. Providing Legal Advice By law, I cannot provide legal advice or counsel in this book and any information printed in these pages should not be taken as legal advice. This information should be used only as an effective tool to better understand your basic rights. If Rosenfeld Injury Lawyers represent you or any member of your family in a dog bite case, I will personally explain your legal rights and options under Illinois tort law. Our team of attorneys will assist you in every aspect of the entire process from gathering evidence, filing a lawsuit/claim and resolving your compensatory case.
  • 6. Our Results Achieved for Dog Bite Victims I have added a list of recent dog bite cases our attorneys at Rosenfeld Injury Lawyers have handled. The cases below were resolved either through litigation or through the dog owner’s insurance carrier. The most recent resolved cases providing financial compensation to our clients include: Î $600,000 policy limit involving a child attacked by a pit bull Î $475,000 hand injury dog mauling attack Î $450,000 resolution in a case involving facial scarring Î $415,000 dog attack of a woman on a stairway Î $389,900 Doberman attack of a bicyclist Î $300,000 leg and arm scarring case Î $259,000 mediation award involving dog bite of the child in a park Î $250,000 case resolution involving a fractured leg when the victim attempted to evade the dog Î $199,000 injury to the victim’s nose that required reconstructive surgery
  • 7. Dog Bite Injuries and Fatalities Each day, more than 1,000 Americans require medical emergency care for dog bite injuries nationwide. Over an 11-year span beginning in 2005 until 2015, 360 citizens in the U.S. suffered a fatal injury caused by a dog bite attack. While every dog has the capacity to bite an innocent victim, Pit Bulls and Rottweilers account for more than 90% of all dog bite fatalities followed by German Shepherds and Mastiff/Bullmastiff dogs. Insurance company statistics reveal that Illinois ranked second in the number of dog bite claims (309) in 2013 resulting in $8.9 million in compensation to the victims and surviving family members. Only California had more claims (449) that year resulting in $14.7 million in recompense. The American Humane Society says that two out of every three dog bites involving children occur to the child’s neck and head.1 Studies conducted by the Centers for Disease Control and Prevention (CDC) reveal that most dog bite related injuries involve children between five and nine years old.2 According to the United States Postal Service, 47 postal workers were bitten by dogs in Chicago in 2012. This ranks the largest city in Illinois as number five in the nation where nearly 5,600 postal employees were involved in dog attacks that same year. Other statistics reveal that nearly one out of every three dog bite fatalities in 2015 were either temporarily living or visiting the dog owner’s home when the fatal bite occurred. These statistics also show that other breeds including Boxers, Sharpeis, Fila Brasieros, Dogo Argentinos, Cane Corsos, Preso Canarios and their mixes inflict the highest number of injuries to children and adults that include: 1 http://www.cdc.gov/features/dog-bite-prevention/ 2 https://www.avma.org/Events/pethealth/Pages/Dog-Bite-Prevention-Week.aspx
  • 8. Î One in nine attacks results in maiming. Î More than one out of every eight attacks involve children. Î Almost 9 out of every 10 attacks by dogs induce bodily harm. Î Three out of every four attacks involving the breeds listed above resulted in fatalities. Î The breeds listed above account for nearly 10% of the total canine population nationwide. A 2010 study published by AHRQ (Agency for Healthcare Research and Quality) show that the average medical expense of hospital stays for dog bites total more than $18,200, which equals 150 percent more than the cost of a stay in the hospital for an average injury.3 The study also revealed that dog attack-related emergency room visits are 400 percent higher in rural environments compared to urban environments that result in nearly 300 percent higher hospital stays for treatment and recovery. 3 http://www.hcup-us.ahrq.gov/reports/statbriefs/sb101.pdf
  • 9. Factors Other Than the Dog’s Breed There are other risk factors to dog attacks than simply the dog’s breed. A 1994 case-control study4 revealed a few other high-risk factors to injurious and fatal dog bite attacks. These factors include: Î Dogs that bite humans are 6.2 times more likely to be male. Î Dogs that bite humans are 2.6 times more likely to not have been fixed, spayed or neutered. Î Dogs that bite humans are 2.8 times more likely to attack while on a chain. Even a well-trained or highly domesticated canine can react in a moment that leads to a dog attack. Unfortunately, many dog owners assume their pet would never attack a human or other dog. National statistics reveal that failing to take necessary precautions can lead to catastrophic results when their dog lashes out at asmall child, teenager, adult or another animal. 4 http://www.dogsbite.org/pdf/1991-which-dogs-bite-denver.pdf
  • 10. Illinois Law on Dog Bites According to the statutes of the state of Illinois, every dog owner, keeper or harborer of canines (or any animal) can be held legally and financially liable for the injury or fatality of individuals even if it can be proven there was no negligence caused by the defendant to provoke the incident. However, the word “owner” in the Animal Control Act5 dog bite statute is more loosely defined by law as “Any person having the right of property in an animal, or who keeps or harbors an animal, or who has in [their] care, or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her.” (510 ILCS 5/2.16.) The most relevant portion of the statute at page 510 ILCS 5/16. Section. 16 reads: “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.” 5 http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=051000050K16
  • 11. Chicago Dog Bite Municipal Code There are extensive financial penalties for dog owners if they neglect to comply with Chicago municipal codes involving dog ownership, or causes property damage. Specific portions of municipal codes for the city of Chicago6 include: Î Restraint – Every canine must be confined within the property boundaries of their owner’s residents. If there is no fence to restrain the dog on the premises, the canine must be properly leashed and continuously supervised, otherwise, the dog is not permitted to be kept outdoors. Established fences must be constructed at a height tall enough to prevent the dog from escaping or jumping over. Î Dog Bites – If the owner’s dog bites an individual while the canine is not on the owner’s property, the dog owner faces an automatic offense. This includes a $300 fine for improperly restraining the canine. If the animal causes serious injuries to a human, the fine is increased to between $1000 and $10,000. Î Property Damage – In the event that the unrestrained dog causes property damage belonging to another, the owner can face a fine ranging between $300 and $1000. Î Serious Injury or Death – In the event that the animal causes a human serious injury or death, the dog will be impounded at the owner’s expense. 6 https://chicagocode.org/7/7-12/
  • 12. Î Dog Owner Responsibility – The dog owner is responsible for any incident involving a bite or attack on a human. At that time, the dog must be placed under the care of a veterinarian to be observed for 10 days unless the owner can provide evidence that the canine is current on rabies vaccinations. Even if there is rabies vaccination evidence, the canine is still required to remain confined inside the owner’s residence for 10 days in a way that the dog is unable to cause additional harm to any other animal or human. Î Transfer of Ownership – If the dog is involved in an attack or dog bite, it is illegal for the owner to sell their canine, give it away or inoculate it after the event. Î Financial Penalties – Dog owners face fines between $300 and $500 for failing to meet any of the Chicago municipal codes concerning restraint of their dog and the proper procedures after an attack. Every day that the owner breaks the law constitutes additional fines to the extent that the dog owner may be subject up to six months of jail time. We typically represent our clients through the filing of a claim or lawsuit against the dog owner, handler or keeper after building a case in part using the Illinois statutes and Chicago municipal codes listed above. Additional parties (defendants) might also be involved in our client’s dog bite victim claim for compensation that could include the dog’s custodian or others who played the direct or indirect part in the attack event.
  • 13. Common Victims of Dog Bites A survey released in 2004 by the APPMA (American Pet Products Manufacturers Association) revealed that over 65 million dogs are household pets in the United States. Since the turn of the millennium, the CDC (Centers for Disease Control and Prevention) has conducted numerous surveys in America, revealing statistics that list the most common victims of dog bites.7 The surprising statistics revealed that: Î 4.5 million dog bites occur every year affecting 1.5 percent of the entire population. Î Of the more than 880,000 annual dog bites, which represents approximately one out of every five, are severe enough to require emergency and/or ongoing medical attention. Î Children have a 3.2 to 1 odds of becoming a dog bite victim with the severest injuries occurring to children between the ages of five years to nine years old. Î Children under 10 years old attacked by a dog are likely to suffer facial (cheeks, nose and lips) injuries. Î While California’s ranked as the state with the highest claims for dog bite attacks, Illinois ranks second in the nation. Estimates by the CDC reveal that nearly 50 percent of all children under 13 years old have been bitten by a dog. Many of these attacks were the result of either intentional or unintentional provocation while approaching a canine while it was sleeping or eating. 7 https://www.avma.org/kb/resources/reference/human-animal-bond/pages/human-animal-bond-dog- bite-prevention.aspx
  • 14. Dog Bite Guidebook In 2012, approximately 27,000 dog bite victims underwent reconstructive surgery, many of whom were left with debilitating results. In 2001, nearly 16,500 dog bite-related accidents involved individuals 16 years and older who were working on the job at the time of the attack. Dog bite attacks rank fifth as the most frequent cause of emergency room visits among children. The number of medically-attended dog bites since 1986 has increased by almost 36 percent. The number of dog bite-related hospitalizations increased 86 percent between 1993 and 2008. Between 1980 and 2012, the number of fatal dog attacks rose by more than 82 percent. The highest incident rate of child-related dog bite attacks occurs to children who are acquainted with a neighbor or friend’s pet, or their own dog. Many adults and children failed to recognize one or more warning signs by dogs that they are uncomfortable with the individual. The attacks usually come as a last resort due to the individual’s failure to back off. Unsupervised Children Leaving a child unsupervised around any dog is one of the leading factors of fatal dog attacks. This is because an unsupervised child remains especially vulnerable to a life-threatening attack because: Î Nearly every dog breed is less likely to bite or attack children when they are in the presence of adults, especially in the presence of the dog’s owner.
  • 15. Î If the dog attacks the child and an adult is present the scene, the quick intervention of an adult taking charge can prevent the dog bite from resulting in a fatality. Î The small size of children usually means they cannot sustain a serious dog bite until help arrives. With some intervention on the part of an adult, a potentially serious life-threatening attack might be minimized, saving the life of the child. Î Young children often engage with dogs using dangerous behavior. This includes approaching the animal at too close a distance if the canine is chained or if the child attempts to kiss/hug an unfamiliar dog.
  • 16. Frequent Dog Bite Injuries Wounds from a dog bite attack are some of the most vicious types of injuries a victim can endure. According to the CDC (Centers for Disease Control and Prevention), the most common types of dog bite injuries8 include: Î Puncture Wounds – Many puncture wounds in a dog bite attack bleed profusely, can be life- threatening and should receive immediate medical treatment. This is because the canine teeth on a dog can sever main arteries in the face, neck, arms and legs. Without proper treatment, including antibiotics and regular wound care, even a simple puncture wound can develop into a life- threatening condition. Î Nerve Damage – When a dog attacks, its teeth tend to puncture hard and deep, often causing extensive nerve damage in the victim’s face, neck, legs or arms. Damage to nerves often results in limited mobility issues and ongoing (chronic) pain that lasts weeks, months or years after the skin and tissue have healed. Î Infection – Nearly every dog bite attack involves scratching and biting. This means that the chance of infection is greatly increased. Often times, the dog is covered in bacteria, waste, soil or other unclean substances that are easily transferable into the open wound while the attack is occurring. Indicators of a dog bite infection often include swelling, tenderness, redness, heat and/or pus. Victims that are very young or old tend to be especially prone to developing infections after a dog bite attack. 8 http://www.cdc.gov/features/dog-bite-prevention/
  • 17. Î Facial and Neck Scarring – Nearly every dog bite attack injury can heal to some degree. However, many victims are left with permanent scarring on their face, neck, shoulders, arms and hands. In many cases, the victim’s quality of life is changed forever because their facialscarring steals their self- confidence and a chance to live a normal life. Many victims of facial and neck scarring require years of expensive, painful reconstructive surgeries. Î Post-Traumatic Stress – Emotional distress and post-traumatic stress following a dog attack seem to be prevalent conditions especially in children that often last a lifetime without psychological care. Many victims report nightmares, a high level of fear and anxiety around dogs, the fear of going outside and other notable symptoms of emotional trauma. Î Rabies – Though rabies is not a common occurrence in urban settings, the law requires that the animal involved in the attack be confined for 10 days for observation. If the dog appears healthy and is available for an observation lasting 10 days, the victim is allowed to wait to begin painful vaccination injections unless the canine develops clinical signs of rabies. Any dog that is suspected to be rabid or known to be rabid requires immediate vaccination of the victim. If the animal cannot be located, it is crucial to seek medical attention to remain protected from the life-threatening disease.
  • 18. Steps to Take after the Dog Attack Most dog bite attacks are horrific and leave the victim stunned, alone, afraid and unaware of what to do next. The steps the victim takes immediately afterward could save their life and assist them in obtaining a full financial recovery for the injuries they have endured. These steps include: Î If physically possible, report the attack to the dog’s owner and proper authorities (Police Department, Fire Department) including City/County Animal Control Department. Î Seek immediate medical attention even if your injuries do not appear to be severe. This is because punctures and open wounds can easily become infected or result in scarring or nerve damage. Î Photograph each one of your injuries Î Ensure that the dog involved in the attack is current on all its vaccinations including their rabies shot. Î If you know the dog’s owner, obtain their homeowner’s policy including the insurer’s name, the owner’s name, their policy number and the policy agent. Î If the owner rents their home, obtain information about the property owner, the homeowner’s coverage, the renter’s coverage and a copy of the renter’s lease agreement. Î Consider long and hard before accepting a settlement from a claims adjuster without first discussing your legal options with a reputable personal injury attorney who specializes in dog bite attacks. This is because the claims adjuster working for the insurance company will attempt to offer to settle the case for an amount far lower than its actual value.
  • 19. Î Consider hiring an attorney to perform a thorough investigation to learn the history of the animal to see if the dog attacked another animal or individual in the past. Hiring a personal injury attorney is crucial because the law firm can provide legal representation by developing a case for compensation after a thorough investigation has been completed by competent investigators and medical experts. In the meantime, it is crucial that the victim reports the incident, obtains medical attention, photographs their injuries as soon as possible and confirms the dog has received their current vaccinations.
  • 20. Why You Need an Attorney with Dog Bite Experience Twelve Reasons to Hire a Lawyer There are numerous reasons why hiring a reputable personal injury attorney who specializes in dog bite attacks is crucial to the successful conclusion of a financial compensation claim or lawsuit. First Less than one percent of all victims of dog bites and attacks are financially compensated for their injuries or damages. Out of the more than 4.5 Americans involved in dog bite attacks every year, insurance carriers only settle claims with approximately 16,000 victims.9 Second When a dog bite victim is not legally represented by a skilled personal injury lawyer, claims adjusters will typically offer the victim upwards of 20 percent of the financial amount they would have paid on a claim had the victim been represented by an attorney. As a result, the insurance company simply keeps the remaining funds as profits to paid to their stockholders. 9 http://www.insurancequotes.com/home/dog-bite-claims
  • 21. Third Because reputable personal injury attorneys handling dog bite attack cases work through contingency fee arrangements, they are only paid approximately one-third of the total financial settlement to cover the cost of their legal services. The remaining amount is given to the victim at a rate significantly higher than the 20 percent they would have received without an attorney’s assistance. Fourth When the victim attempts to file and pursue a claim against the defendant in a dog bite case, they act as the prosecutor. However, this can be problematic. During the claims process, the victim may not accurately fill out paperwork or legally explain the details of the case to ensure they are provided the highest level of financial compensation. Many times, the dog bite victim makes accusations against the defendant that are unnecessary or unprofessional under the law. Alternatively, an attorney can say nearly anything to ensure a successful financial resolution that are never the words of the victim.
  • 22. Seventh More than 98 percent of all bodily injury financial compensation cases are settled out of court, before ever going to trial. Dog bite victims represented by an attorney have an unspoken threat over the insurance carrier that going to trial is a possibility if the case is not efficiently, adequately and quickly resolved. Eighth Successful lawyers use proven methods to accurately evaluate the value of their client’s claim to ensure they receive adequate recompense. Many out of court settlements and trial awards are never published, which can make it nearly impossible for the victim to obtain a reliable source of data on how much their case is actually worth. However, skilled attorneys have access to unpublished information and valuable resources, investigators and experts to help determine the level of injuries and the amount of time, effort and money it will require for the victim to live out the remainder of their life based on their dog bite- associated disabilities. Ninth Many dog bite victims lose their capacity to earn a living during their recovery or months or years after the attack has occurred. However, proving lost income in a claim for compensation requires extensive proof from the employer of the victim. A skilled attorney can ensure that the victim receives all of their money including fringe benefits. If the damages, disfigurement or injuries result in a substantial claim for loss of any future earning capacity, an experienced attorney can prove additional damages through psychological and sociological research that is often out of the reach of the victim.
  • 23. Tenth Nearly all dog bite attack cases are handled through contingency fee agreements, meaning that the reputable personal injury attorney uses a law firm’s funds to obtain official reliable copies of police reports, medical evidence, and expenses and will hire their photographer to gather photographic evidence of the victim’s injuries. The law firm will also upfront the cost of a private investigator to find evidence of the attacking dog’s history and retain doctor or nurse consultants to assess, evaluate, review and summarize all bits of medical evidence pertaining to the case. Eleventh Many of the medical expenses the victim accumulates in a dog bite attack are paid by their health insurance company or through public assistance. Any monies paid by the dog owner’s insurance company will often go directly to third parties to pay those bills. However, attorneys representing accident victims can step in and negotiate with those third parties by using state statutes that restrict government agencies and insurance companies from collecting from injured individuals under certain circumstances. Most injured victims are unaware of how to deal with third-party claims to the extent that a reputable attorney can on their behalf. Twelfth Hiring an attorney early on in the claims process enables insurance carriers to better assess the amount of financial compensation they are likely to pay out to the victim. This is because reputable lawyers can offer key evidence including eyewitness accounts, medical documents and police reports to the insurance adjuster. If the insurance company has enough evidence to properly evaluate the case, they are more likely to settle quickly and adequately. An inexperienced victim runs the potential of providing inaccurate information or alack of sufficient evidence which could cause the resolution of the case to take longer or be denied altogether.
  • 24. Before Hiring an Illinois Lawyer Not every Illinois attorney specializes in dog bite/animal attack injury cases. This is because these types of cases are often extremely complex. Without a comprehensive understanding of Illinois tort law and municipal codes, an inexperienced attorney would be challenged in developing a successful legal strategy to ensure the victim receives a fair settlement in their case. However, just because an attorney does not specialize in personal injury cases, does not mean that the law firm will not reach out to represent the victim and their serious dog bite injury case. However, many inexperienced lawyers are not familiar with the technicalities of personal injury law. Their inexperience could result in losing the victim’s case and their opportunity in the future to successfully resolve their client’s claim for compensation. Questions to Ask before Legal Representation The surest way to locate the best personal injury attorneys is to ask the perfect questions before signing an agreement for representation. The top seven questions to ask include: 1. What percentage of your cases do you devote to handling personal injury claims including dog bites and animal attacks? 2. Do you have immediate access to all the necessary resources required to handle a case exactly like mine to ensure it reaches a successful conclusion? 3. Can you tell me your success in negotiating out-of-court dog bite case settlements in their dollar amounts? 4. How many of your dog bite cases have gone to trial for litigation and what were the dollar amounts paid to your clients once the jury reached their verdict? 5. Do you maintain an online website so I can obtain additional information on personal injury cases like mine to assist me in making the best decisions in successfully resolving my financial compensation case?
  • 25. 6. Do you represent your clients through contingency fee agreements so that they are not required to pay you any upfront fees or retainers? 7. Do you waive all of your fees for your legal services you provide to your clients in the event that you cannot obtain an adequate negotiated financial settlement or win their case at trial? The personal injury attorneys at Rosenfeld Injury Lawyers provide direct actions to every question above and more. Our attorneys have represented injured victims of dog bite and animal attacks and their families in the state of Illinois for years. We offer the best skilled legal services in Illinois because of our thorough comprehension of civil tort law, experience and expertise in handling personal injury cases that result in severe injuries and loss of life. We have extensive skills in understanding how to negotiate challenging cases to provide the best representation for our clients. Our law firm has an extensive history of receiving many referrals from our past clients and other attorneys, medical professionals and investigators who recognize the level of representation we provide our clients.
  • 26. More Information If you would like additional information on what to do next, please review https://www. RosenfeldInjuryLawyers.com and https://www.ChicagoDogBiteInjuryLawyers.com. In addition, you can speak with me, Jonathan Rosenfeld, personally by calling (888) 424-5757. For information frequently sought by many dog bite victims, I invite you to visit our Dog Bite FAQ’s. It is important to note that every case we handle is different in its complexity, evidence and results. We take every possible opportunity to quickly but fairly resolve our cases through experienced negotiation strategies through out of court settlements or by building a solid case for financial recompense when litigating the case in front of a judge and jury. Our extensive negotiation and litigation experience has proven to be an important factor in the successful outcomes we have achieved on behalf of our clients. Jonathan Rosenfeld, Attorney at Law Jonathan@RosenfeldInjuryLawyers.com https://www.RosenfeldInjuryLawyers.com https://www.ChicagoDogBiteInjuryLawyers.com Toll-Free: (888) 424-5757 Specializing in Illinois Dog Bite Cases