Dog Bite Law in Illinois

A neighbor comes into your yard while you’re gone to borrow some tools, a normal occurrence between the two of you. Your Labrador attacks him. Your neighbor drives herself to the local emergency clinic for stitches.

Situations like these aren’t uncommon. In 2016, there were about 78 million dogs in the US, which resulted in 4.5 million dog bites. The vast majority (81%) caused no injuries, but that still means millions of people suffered from bites. And if it’s your dog causing the injury, the statistics no longer matter. You’re likely more concerned about who is liable for the dog bite and to what degree.

Illinois statute 510 l.L.C.S 5/16 § 16 states that “Dog owner will be liable for all injuries, even if not caused by a bite, absent provocation or trespass by the victim.”

This law makes Illinois what is known as a “statutory strict liability” state, holding the dog owner automatically liable if their dog bites someone. Some states rely on a “One Bite Rule,” whereby an owner is not held liable for his dog biting someone as long as there hasn’t been prior indication that the dog was aggressive or a “dangerous breed.” However, in Illinois, under the strict liability laws, the owner is considered liable for the dog’s misdeeds as long as the injured party was legally allowed to be where they were and there was no intentional provocation of the dog.

Many strict liability states limit claims to bite wounds only, excluding other injuries dogs may cause; an example of this is any injury resulting from a car or bicycle accident caused by a dog chasing the vehicle. At this time, Illinois statutes do not limit damages to injuries resulting from the bite of a dog. 

The issue of provocation is an important one and not always as easy to determine as it appears. Was the dog “incited, encouraged, or provoked” into biting someone? If the dog’s owner believes there was provocation, even in a strict liability state like Illinois, there may be justification in reducing or eliminating the owner’s liability. 

And what about the woman who went into the yard to borrow some tools, something these two neighbors have done many times in the past? Was she “trespassing” since the homeowner wasn’t there and the dog attacked?

Even in states like Illinois which generally places liability squarely with the dog owner, it is best to get legal advice before proceeding into any litigation. There are many issues to be weighed and considered within the context of each individual situation and the law and statutes change frequently. It is best to check with an attorney before deciding to proceed–or not–with a claim. Likewise, if your dog has injured someone and you are facing a potential claim, an attorney can help you to explore your options and get the best possible outcome for yourself and your pet.