If a Dog Bites a Child, Does it Have to Be Put Down?Many people who contact us after a dog bite begin the conversation the same way, by explaining that they do not want to cause problems for the owner. In a county of roughly 21,000 residents, the dog involved often belongs to a neighbor, a coworker, or a relative.

Two points are worth understanding before that concern decides the matter. Dog bite claims are ordinarily paid by a homeowner’s or renter’s insurance policy rather than out of an owner’s personal savings. And the injuries dogs cause to children, particularly facial scarring, frequently require surgical revision over a period of years, which is not something a family can accurately evaluate in the weeks after an attack.

Onward Accident & Injury Law maintains an office at 215 E Main Street in Shelbyville and handles claims of every kind across Shelby County. Consultations are free, and if we represent you, there is no fee unless we recover money on your behalf. To speak with our Shelbyville dog bite lawyers, contact our law firm today.

The Support You Need After a Dog Bite in Shelbyville

Leadership You Can Rely On

Managing attorney Josh Rohrscheib has represented families across Central Illinois following animal attacks, including cases involving children. He has practiced in Illinois since 2006 and holds an AV Preeminent rating from Martindale-Hubbell.

Backed by a Skilled Legal Team

Our team gets the animal control and police reports, documents the injuries as they heal, tracks down every insurance policy that could apply, and works with your doctors to figure out what future care you’ll need.

Handling the Difficult Conversations

Where the owner is someone you know, we deal directly with the insurance company so that you do not have to raise the subject of money with a neighbor or a family member.

Illinois Holds Dog Owners to a Strict Standard

Most states require an injured person to prove that an owner knew the animal was dangerous, an approach commonly described as the one-bite rule. Illinois does not follow that approach.

Under the Illinois Animal Control Act (510 ILCS 5/16), an owner is liable where four conditions are met:

  • The animal attacked, attempted to attack, or injured the person
  • The person was in a place they had a legal right to be
  • The person did not provoke the animal
  • The person was conducting themselves peaceably

The animal’s history is not part of that test, and neither is whether the owner took precautions. A dog with no prior incidents is treated the same as a dog with a documented record.

The statute also reaches beyond bites. A dog that runs at a cyclist on the General Dacey Trail and causes a fall, or that lunges at a delivery driver who steps backward off a porch, may be covered even where no bite occurred. Riders hurt that way often have a claim under this statute as well as the issues discussed on our page for bicycle accidents in Shelbyville.

Owner’ covers more than the person on the dog’s paperwork. It can include a dog-sitter, a temporary caretaker, and in some cases even a landlord.

Provocation is the defense insurers raise most often, particularly where a child is involved.

Whether a child’s behavior counts as provocation isn’t a simple yes-or-no — courts look at whether the dog’s reaction actually matched what happened.

Claims are generally subject to a two-year filing deadline (735 ILCS 5/13-202). For a minor, the two-year period ordinarily does not begin until the child turns 18 (735 ILCS 5/13-211), though waiting makes evidence and insurance considerably harder to secure.

Where Dog Bites Occur in Shelbyville and Shelby County

The General Dacey Trail. The trail connects Forest Park to the Dam West recreation area and the Lake Shelbyville visitor center, and it is the most heavily used recreation corridor in the county. Walkers, runners, and cyclists share a narrow surface with dogs, and an unleashed animal on a path with short sight lines causes both bites and the kind of falls described on our page for [INTERNAL LINK: /shelbyville-injury/slip-and-fall-lawyer/ “fall injuries in Shelbyville.

Forest Park. The park includes a dog park along with the aquatic center, ball diamonds, and the Chautauqua Auditorium. Dog park incidents commonly involve animals that behave normally at home but not around other dogs, and leashes released before the second gate closes.

Residential streets. Most bites in Shelbyville occur within a few blocks of the injured person’s home, affecting people walking, running, collecting mail, or delivering packages. Loose dogs and long tie-outs that reach the sidewalk account for a substantial share.

Rural properties. Outside town, dogs are frequently unfenced. Meter readers, mail carriers, delivery drivers, and anyone approaching an unfamiliar lane face elevated risk.

Lake Shelbyville campgrounds. Federal campgrounds fill throughout the summer with dogs tied at campsites in close quarters, surrounded by strangers and children.

Types of Animal Attack Cases We Handle in Shelby County

  • Bite Injuries to Children: Frequently facial, and frequently requiring plastic surgery and staged revision as the child grows.
  • Bite Injuries to Adults: Commonly to hands, arms, and legs, with infection risk that makes prompt treatment essential.
  • Knockdown and Chase Injuries: Falls caused by a charging or pursuing animal, which the Animal Control Act may cover even without a bite.
  • Attacks on Delivery and Service Workers: Including postal carriers, package couriers, and utility personnel.
  • Attacks on Other Animals Resulting in Human Injury: Where a person is hurt intervening between animals.
  • Attacks at Rental Properties: Where a renter’s policy and, in some circumstances, a landlord’s policy may apply.

Steps to Take Immediately After a Dog Bite

Prioritize Your Health

Dog bites are puncture wounds and carry a high infection risk. HSHS Good Shepherd Hospital at 200 S. Cedar Street operates a 24-hour emergency department. Ask specifically about rabies risk and whether the wound should be closed or left open to drain.

Report the Incident

Within city limits, contact the Shelbyville Police Department. In the county, contact the Shelby County Sheriff’s Office. Shelby County Animal Control can be reached at 217-774-4932. Illinois requires reporting for rabies observation, which ordinarily results in a confinement period for the animal, and the report also creates the official record on which a claim will rest.

Identify the Animal and the Owner

Obtain the owner’s name, address, and telephone number, along with the animal’s vaccination status and the name of its veterinarian.

Preserve Evidence

Photograph the wounds before they are bandaged and again over the following weeks as they heal and scar. Photograph the location as well, including an open gate, a damaged fence, or a tie-out reaching the sidewalk. Obtain contact details for any witnesses.

Avoid Informal Agreements

An offer to cover medical bills made at the scene is not a settlement and is rarely honored once the bills become substantial. Terms such as strict liability and comparative fault come up quickly in these claims, and our personal injury glossary explains them in plain language. Where a child is involved, a court ordinarily must approve any settlement, which is another reason to speak with a lawyer before signing anything.

Who Pays a Dog Bite Claim

Homeowner’s and renter’s insurance policies ordinarily cover dog bite liability, subject to the terms of the policy. Some insurers exclude particular breeds or exclude an animal after a documented prior incident, so the policy language matters.

Where the owner rents, a renter’s policy and in some circumstances a landlord’s policy may both apply. Where the attack occurred at a third party’s property while the animal was being cared for by someone other than the owner, an additional policy may be available. We identify each policy that may respond before evaluating a claim.

How Much Compensation Can You Recover?

  • Medical Expenses: Emergency treatment, wound care, antibiotics, rabies prophylaxis where indicated, plastic surgery, and future scar revision.
  • Lost Income: Wages lost during treatment and recovery, including time a parent misses from work to care for an injured child.
  • Pain and Suffering: The physical pain of the attack and the treatment that follows.
  • Emotional Harm: Fear of dogs, sleep disturbance, and anxiety following an attack are well documented, particularly in children, and belong in the claim.
  • Permanent Scarring and Disfigurement: Facial and hand scarring frequently requires revision over many years, and a settlement should account for procedures that have not yet occurred.

Settling before a treating surgeon has assessed future revision needs is the most common reason families recover less than a claim is worth. Because so many of these cases involve young children, they overlap closely with our work on child injury claims, where a court must ordinarily approve any settlement reached on a minor’s behalf. The Animal Control Act applies statewide, and our page on Illinois dog bite law covers it in further detail.

Case Results

Dog bite recoveries obtained by Onward Accident & Injury Law in Central Illinois:

  • $300,000: Dog bite, DeWitt County
  • $300,000: Dog bite, Logan County
  • $155,000: Dog bite, Macon County
  • $150,000: Dog bite, Macon County
  • $140,000: Dog bite, McLean County
  • $115,000: Dog bite, McLean County

Past clients have also shared their experiences working with our law firm:

“From start to finish, Josh and his team made the legal process easy. He went above and beyond with my case, and I appreciated the time they took to get to know our family and the situation we were dealing with.” Sara, Google review

Prior results do not guarantee a similar outcome. Every case is different, and the outcome of any case depends on its own facts.

Why Local Knowledge Gives You an Advantage

Understand Where Incidents Occur in Shelby County

Knowing the difference between an incident on a city street, on the General Dacey Trail, and inside a federal campground at Lake Shelbyville determines which agency documents the attack and which rules apply to the claim.

Know How Claims Are Handled Locally

Animal attack cases arising in Shelby County are filed at the Shelby County Courthouse within the Fourth Judicial Circuit. Our attorneys work within this system and understand how these claims are handled by local insurers and adjusters.

Remain Committed to Improving Safety

Our firm’s community work is centered on children, including Coats for Kids, Backpack Blitz, and the Mary Rohrscheib Teaching Scholarship.

Local Resources in Shelbyville

Frequently Asked Questions About Dog Bite Claims

The dog had never bitten anyone before. Does that matter? 

Not under Illinois law. The Animal Control Act imposes liability without requiring proof that the animal had a history or that the owner was careless. A first bite is treated the same as any other.

My child was bitten by a friend’s dog. Do I have to sue them? 

These claims are ordinarily resolved with the insurance company and do not become lawsuits against a person’s personal assets. Homeowner’s and renter’s policies exist for this purpose, and most families find the conversation less difficult than they expected.

The dog only knocked me down. Is that covered? 

It may be. The statute addresses attacks and injuries generally rather than bites alone, so a dog that charges and causes a fall can fall within it.

The owner says the dog was provoked. What happens now?

Provocation is a question of fact concerning what actually occurred and whether the animal’s reaction was proportionate. Witness statements and the animal control report are usually central to resolving it.

Is there a deadline to take legal action for a dog attack? 

Generally two years. For a child, the period ordinarily does not begin until they turn 18. Even so, evidence and insurance coverage become harder to establish over time.

What if the dog owner has no insurance? 

That situation occurs, particularly with rural and rental properties. We check for renter’s policies, landlord coverage, and umbrella policies before concluding that no coverage exists.

Contact a Shelbyville Dog Bite Law Firm That Gives a Damn

An animal attack affects more than the wound itself, particularly where a child is involved. Our attorneys understand what these families are dealing with and have represented injured clients across Central Illinois. We are committed to holding owners accountable, pursuing fair compensation, and promoting safer conditions in our communities.

Consultations are free, there is no fee unless we recover money for you, and someone is available to take your call 24 hours a day.

Call 217.906.4668 or request your free consultation online. Onward Accident & Injury Law, 215 E Main St, Suite A, Shelbyville, IL 62565.

 

Attorney advertising. The information on this page is general in nature and is not legal advice regarding your situation. Contacting our firm does not create an attorney-client relationship.