This is the next post in my series about whether Illinois landlords may be responsible for a dog bite that occurs on their property. My last article discussed what is involved in litigating a dog bite case in Illinois and the legal standards that apply to landlords. In this article, I will address the importance of securing experienced legal representation for these types of personal injury cases. A lawyer can help in several ways to give you the best opportunity for recovery. If you or someone you love is in need of assistance then contact my office today to speak with a Peoria dog bite attorney.
A dog owner is usually held strictly liable when their animal injures someone. Yet the rules change and a negligence standard applies when a landlord is involved. That means the victim must show that the landlord knew or should have known about the danger and failed to protect others from harm. This makes the case more complicated than a straightforward claim against a dog owner. Mishandling the matter can result in a reduced settlement or even no recovery at all. Victims who try to manage the process without legal help may accept a quick settlement that does not cover their full losses. They may also fail to gather the evidence needed to prove negligence which can cause the entire claim to fall apart. It is strongly encouraged that anyone bitten by a dog on rental property should consider retaining a lawyer who understands these challenges right away.
An attorney will begin by identifying all possible parties who may be responsible. More than one person or entity may have contributed to the conditions that led to the injury. The dog owner is often the first party considered but the landlord may also have legal duties that were breached. For example, a landlord who failed to keep common areas safe, ignored complaints about a dangerous animal, or failed to enforce pet restrictions in the lease could be a responsible party. A lawyer who knows how to evaluate these issues ensures that all responsible parties are named in the case and that no potential chance for recovery is missed. This can make a significant difference in the outcome since additional parties may provide access to insurance coverage that the dog owner alone cannot.
A lawyer can investigate the matter to build a strong case after the potential parties are identified. This begins with gathering facts such as prior complaints about the dog or reports of aggressive behavior. Neighbors and other tenants may have witnessed the animal act dangerously in the past. The attorney can also obtain lease agreements and property records to see what responsibilities the landlord accepted. Discovery is the next phase which will begin if settlement cannot be reached early on. This is the formal process of exchanging evidence. An attorney may take depositions of witnesses during this process. These sworn statements often provide valuable admissions that help prove liability. Written questions and requests for documents can also uncover whether the landlord knew of the danger and failed to act.
The need for legal counsel becomes even more important if the matter proceeds to trial. Trials are governed by strict rules of procedure and evidence that can be overwhelming for anyone without legal training. The Court will expect each party to abide by deadlines and present their case in an organized way. Failure to follow these rules can result in key evidence being excluded or even dismissal of the case. An experienced lawyer understands how to question witnesses, how to present exhibits, and how to present the law well. Dog bite cases involving landlords often involve detailed questions about what the landlord knew and whether they had control over the property. These issues must be presented clearly to the jury so that they understand how the landlord’s negligence contributed to the injury. A lawyer is best able to make that presentation and to respond to the defenses raised by the landlord and their insurance company.
Contact The Law Office of Damon Young to speak with a Peoria dog bite lawyer. We are committed to providing excellent legal representation to our clients. Reach out online or by telephone to schedule an initial consultation. My office also serves the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
