This is the next article in my series on the issue of when Peoria area landlords may be liable for injuries which occur on their property. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney, as soon as possible, if you or a loved one have been injured. It is important that you speak with counsel sooner, and not later, as you will only have a limited amount of time in which to bring a claim against the landlord. This article will address situations in which a landlord may be liable for a dog bite. If you are in need of assistance then contact my office today to speak with a personal injury lawyer.
Peoria landlords may be liable to visitors who are bitten by a tenant’s dog
I have previously discussed the fact that Illinois holds the owners of a dog strictly liable for a bite. This means that, generally speaking, a visitor to an apartment building or rental home will be able to gain a judgment for damages against the owner of the dog. An issue may arise, however, if a tenant does not own the dog and does not have liability insurance. In this case, recovering damages may be difficult. Fortunately, it may be possible to sue the landlord as well. While not strictly liable for damages, a landlord may be named as a defendant if they did not take reasonable steps to ensure that the premises was reasonably safe for invited guests or those welcomed onto the property. Whether or not the landlord took adequate steps to protect visitors, and whether any failures are what led to injuries, will depend on the specifics of the case.
Consider the following example. Suppose Joe Landlord operates a ten-unit apartment building in Peoria. Joe has a policy stating that tenants may not have a dog on property unless they receive prior approval from Joe, and they pay a pet deposit. Joe regularly observes Jack Tenant walking a Rottweiler in and out of his apartment and the dog has been heard barking inside of Jack’s apartment many times. This is in spite of the fact that Jack never requested permission to have the dog on the property and never paid a fee. Jill Neighbor lives in another unit and a friend, who is coming to visit her, is bitten by the dog in a common area after Jack accidentally drops the leash. Joe may well be liable to the friend as he knew of a potentially dangerous condition (the presence of the dog) and did not enforce his own policies to ensure that the animal was safe. Again, whether liability would attach to the landlord depends on the specifics of the matter.
Dog bite victims may make a claim against the insurance policy of a landlord
If one is the victim of a dog bite then the first thing they should do is seek medical attention. Once they retain an attorney, counsel will identify the owner of the dog as well as the ownership or management of the rental unit. The rental owner will typically turn the matter over to their liability carrier and the insurer will then deal with your attorney directly. Once the extent of one’s damages are reasonably determined, then a demand letter will be sent to the carrier. If a reasonable settlement cannot be reached then litigation may be necessary. An experienced attorney will assist you with determining the best path forward.
If you have been attacked by an animal while visiting a rental property then contact our office today to speak with a Peoria dog bite lawyer. My firm recognizes the need to protect the rights of people over those of larger companies and we will give your case the attention it deserves. Contact us online or by telephone to get started. Our firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
