The Law Offices of James M. Freeman, P.C.

When I gave a legal cycling presentation to the Wheeling Wheelmen last spring, the group was very concerned about dogs. Anyone who has done some rural touring has probably been chased by more than one dog.

I'll never forget the time a huge dog latched onto my pannier in rural Tennessee. It almost pulled me down, and it ripped my first aid kit off. I got the distinct impression that if the dog had landed me it would have been a bad scene. Luckily I was able to get away with the rubber side down.

What are your rights if you are injured by a dog?

The dog's owner is responsible for injuries caused by their dog. A person who assumes the responsibility of dog ownership also assumes any liability for harm caused by the dog.

Most dog cases in Illinois arise from situations in which a dog bites or attacks someone. Under Illinois law a dog owner is liable for any such injuries caused by their dog unless the dog was provoked to attack.

Bicycle/dog cases are not necessarily your average dog bite cases because dogs pose unique risks to bicyclists. Even without attacking, a dog can still cause a bicycle to crash if it chases you or runs into your path. The intent of the dog is not important. If the dog attacks you, the owner is liable unless you provoked the attack. If the dog runs happily into your path, causing you to wreck, the owner should be liable for failing to properly restrain the dog.

Incidents with dogs should be treated the same as all other accidents: Call the police and file a police report. Get the owner's information. Seek medical treatment. Take pictures and preserve evidence.