Legal Question in Personal Injury in Illinois
dog bit utility worker in backyard
Over a year ago my brother let our 2 dogs outside, he then looked out the window and noticed one was standing in our driveway. He went outside brought her back into the yard and shut the latched gate that was wide open. He looked around didn't see anyone and let the dogs back inside. An hour or so later he let them out again. He looked outside a few minute later and noticed them jumping at a gentleman in the backyard ,the gate once again wide open. The gentleman was a utility worker sent by the electric company to trim the trees. He never notified us he was working in the yard. They never notified us that they were sending someone. He never knocked even after noticing that the gate he carelessly left open was shut. He continued to work in the yard for at least an hour without knocking, leaving a note, or even having a vehicle parked in the driveway or in front of the house. He left, the police showed up. We had the dogs observed for rabies per the Illinois law. Now we received a letter saying that they want compensation for negligent behavior. Since we rent and don't have insurance they will try to come after us. In my opinion he was a trespasser on my property and we had no knowledge of him on our property .Liable??????
2 Answers from Attorneys
Re: dog bit utility worker in backyard
If you are in violation of the law you should pay for the damages.
Here is the law - you decide - (note that utility workers are not trespassers as they have an "easement" to enter the proper for work.)
5/16. Liability of owner of dog attacking or injuring person
� 16. If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained.
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Re: dog bit utility worker in backyard
I assume the letter was from an attorney. Write to the attorney and advise him that you have no insurance, that you were renters. Do not provide any other information. There is a reasonable chance the claim will not be filed in court. The worker will probably be satisfied with workers compensation.
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