Monthly Archives: January 2018

Dog Bite Law: Runners Beware of Stray Dogs

Dog Bite Law: Runners Beware of Stray Dogs

A number of people enjoy a nice run or a relaxing bike ride. My husband is a marathon runner, and up until recently, I had not really considered any of the potential dangers of running, walking, or cycling. My husband runs up to 100 miles a week, all year round in the Chicago area. Accessories for long runs can include: a headlamp, a CamelBak, bright clothing, a heart rate monitor, and more. Recently, my husband was chased by a stray or loose dog, and fortunately he made it home safely. But what happens if a person is out running, biking, or walking and is attacked by a dog?

Illinois Dog Bite Law falls under the Illinois Animal Control Act. The Illinois Animal Control Act, states in pertinent part: 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.Owner” means any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. “Owner” does not include a feral cat caretaker participating in a trap, spay/neuter, return or release program.510 ILCS 5/16 (Illinois Compiled Statutes (2017 Edition)).

Based on a reading of the statute, we know that the owner of the animal will be liable for damages. However, what happens if you are bitten by a stray dog? In Cieslewicz v. Forest Pres. Dist. of Cook County., 2012 IL App (1st) 100801 (Ill. App., 2012), the Illinois Appellate Court was faced with this very issue. In January of 2003, two women, in separate incidents, were attacked by stray dogs within the Cook County Forest Preserve. One woman was killed, and the other woman was severely injured by the attack. The Plaintiffs argued that the Cook County Forest Preserve was the “owner” of the animals under the statute. The statute defines an “owner” as,

“[A]ny person having a right of property in a dog or other animal, or who keeps or harbors a dog or other animal, or who has it in his care, or acts as its custodian, or who knowingly permits a dog or other domestic animal to remain on any premises occupied by him.” 510 ILCS 5/2.16 (Illinois Compiled Statutes (2011 Edition)).

The Illinois Appellate Court found that the evidence failed to establish that the Defendants “knowingly permitted” the animals to remain on the premises. The Plaintiffs failed to show any care, custody, or control demonstrated by the Defendants. The evidence showed that the Defendants were actively patrolling the premises in an effort to remove the animals. Thus, the Defendants were not considered owners under the statute, and were not held liable for the injuries/death that the animals caused.

It is important for runners, walkers, cyclists to be very careful, and beware of stray dogs.

Contact The Mangum Law Firm, LLC at 847-701-4529,  if you have concerns about dog bite law.

I Was In A Car Accident–What Should I Do?

I Was In A Car Accident–What Should I Do?

Car accidents can be scary. Car accidents may be considered major or minor based on the injuries suffered by those involved. If you were in a car accident, you should immediately seek medical attention. You may not immediately feel the effects of the car accident. There are times when a person may not feel injured, but the injury sets in hours or days after the accident. So, even if you are still experiencing the shock of the accident, you should still be examined by medical personnel.

After seeking medical attention, you should notify the other driver’s insurance carrier. Additionally, you should notify your insurance carrier. If the other driver is at fault, you may be tempted to begin negotiations with the insurance company on your own behalf. It may seem like the easiest thing to do since you believe the other driver was at fault. However, the other driver’s insurance company does not have your best interest in mind when negotiating with you. The other driver’s insurance company may offer you less than the amount of damages for your claim. Your statements to the insurance adjuster may be recorded. It may be quite difficult for you to obtain a fair settlement amount from the other driver’s insurance company.

If your vehicle is damaged, you may have a property damage claim. A determination should be made regarding whether the vehicle is a total loss. If the vehicle is a total loss, the insurance company may pay the fair market value for the vehicle.

The Mangum Law Firm, LLC handles personal injury cases involving car accidents. If you have questions about your car accident, please feel free to contact The Mangum Law Firm, LLC at (847) 701-4529.

What is an Uncontested Divorce?

What is an Uncontested Divorce?

Uncontested Divorce

 

An uncontested divorce is one in which the parties have reached an agreement as to all issues relating to the dissolution of marriage. If the parties are not in agreement, the matter is considered contested.

Example of an Uncontested Divorce Proceeding:

A and B married in 2003. In 2006, A and B decide to obtain a divorce or dissolution of marriage. A and B do not have any minor children. During the marriage, A and B acquired a car, and a house. A and B agree that A will keep the house, and B will keep the car. A files for divorce. The parties are not contesting any issues. Therefore, this is an example of an uncontested divorce.

In Cook County, divorce matters are filed with the Cook County Circuit Clerk’s Office. If you need assistance with an uncontested divorce matter, call 847-701-4529.

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