A dog owner sued over a bite in Illinois has two main defenses: that the injured person provoked the dog, or that the person was not lawfully where the attack happened. A third defense is timing, because the deadline to sue is short and it can end a claim on its own. Outside those situations Illinois holds owners to a demanding standard, and here is how that standard works, when someone other than the owner can be responsible, and what a dog owner can expect after a bite.
The Illinois Dog Bite Statute: 510 ILCS 5/16
Illinois dog bite liability is governed by 510 ILCS 5/16, which states:
“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.”
To prove that a dog’s owner is liable, the victim must establish each of the following:
- The defendant owned, kept, harbored, cared for, or acted as custodian of the dog (510 ILCS 5/2.16)
- The dog or other animal attempted to attack, attacked, or injured the victim
- The victim was conducting himself or herself peaceably
- The victim had a legal right to be in the place where the attack or injury occurred
- The dog or other animal was not provoked in any way
Each element has to be met. Knocking out any one of them is what an owner’s defense lawyer will try to do.
Illinois Is a Strict Liability State — There Is No “One Bite Rule”
In a number of states, dog bite liability falls under the “one bite rule,” which allows a dog owner to be legally exempt from a first-time bite as long as the dog had shown no prior acts of aggression.
Illinois, including Chicago, does not follow this rule. Under 510 ILCS 5/16 an owner can be liable even if the dog had never shown a hint of aggression before, because the victim does not have to prove the owner knew the dog was dangerous. That is what people mean when they call Illinois a strict liability state. It does not mean liability is automatic. The victim still has to prove every element above, and provocation or unlawful presence will defeat the claim.
Liability also reaches beyond the person whose name is on the license. The Animal Control Act defines “owner” to include anyone who keeps or harbors the animal, has it in his or her care, acts as its custodian, or knowingly permits it to remain on premises he or she occupies (510 ILCS 5/2.16). That definition applies statewide, not just in Chicago, so a dog sitter, a relative watching the dog for the weekend, or a household member can fall within it.
Non-Bite Injuries Are Also Covered
An attack by a dog does not need to include a bite to result in injuries and losses, and dog attack victims are still fully eligible for compensation even if the attack did not include a bite. Under 510 ILCS 5/16, a dog need only “attack, attempt to attack, or injure any person” for the owner to be potentially liable, so the statute also covers injuries such as those sustained while falling when a dog charges. Examples of covered non-bite injuries include:
- A knock-down injury, such as a broken arm, hip, or leg
- Scratches or claw marks
- Bicycling injuries when attempting to avoid a dog
- Being pushed down the stairs by a jumping dog
- Injuries sustained when running from a dog
In a non-bite dog attack case, the plaintiff must prove the same elements: that the defendant owned, kept, harbored, or cared for the dog; that the victim was acting peaceably; that the victim was legally allowed to be where they were, meaning not trespassing, when the attack occurred; that the victim did not provoke the dog; and that the attack resulted in injuries.
Defenses to an Illinois Dog Bite Lawsuit
Two defenses come up in nearly every case: trespassing and provocation.
Illinois law requires that the injured party not be trespassing at the time of the dog bite attack. If it can be shown that the injured party was not legally permitted to be on the premises where the attack occurred, the dog’s owner may not be liable for any injuries or damages sustained.
Illinois’ dog bite statute also does not cover situations where the dog attacked due to some sort of provocation. If it can be shown that the victim in some way harassed, teased, or hurt the dog causing the bite, then the dog’s owner would not be held liable for any injuries the victim sustained.
A defendant may also argue that the victim was not conducting himself or herself peaceably, which the statute requires, or that the defendant does not meet the Act’s definition of “owner” at all because they never kept, harbored, cared for, or controlled the dog.
The Deadline Is a Defense Too
Missing the filing deadline defeats a dog bite claim no matter how strong the facts are, and it is the defense victims most often hand to the other side. In Illinois you generally have two years from the date of the injury to file a personal injury lawsuit (735 ILCS 5/13-202). Two situations change that window and both come up often in dog bite cases:
- A child bitten before turning 18 generally has until two years after his or her 18th birthday to file (735 ILCS 5/13-211)
- A claim against a city, village, county, park district, or other local public entity, such as an attack by a police dog or a dog on public property, must be filed within one year (745 ILCS 10/8-101)
Because the one-year government deadline is half the usual window, it is worth confirming early who owned or controlled the dog and where the attack happened.
Can a Landlord Be Responsible If a Tenant’s Dog Bites Someone?
Usually not. Liability falls on the dog’s owner under 510 ILCS 5/16, and the Illinois Supreme Court has held that a landlord who simply allows a tenant to keep a dog is not a “harborer” and is not liable under the Act (Steinberg v. Petta, 114 Ill. 2d 496 (1986)). Knowing the dog was there, or even knowing it was aggressive, is not enough by itself.
What can change the answer is control. A landlord who exercises some degree of care, custody, or control over the animal may fall within the Act’s definition of owner, and a landlord who creates or ignores a dangerous condition on property they still control may face an ordinary negligence claim. Facts courts look at include:
- Whether the landlord kept, fed, or cared for the dog, for example while the tenant was at work
- Whether the landlord retained control over the area where the attack happened, such as a shared yard or hallway
- Whether the landlord had the practical and legal ability to remove the dog and knew of a specific danger
- Whether the landlord’s own leash or restraint rules show the level of control they kept over the animal
None of these facts alone decides the case, and landlord claims in Illinois are fact-intensive.
If Your Dog Bites Someone: An Owner’s Liability
If your dog bites someone, you can be legally and financially liable for the medical bills and other damages the victim sustains. Because the victim does not have to prove you knew the dog was dangerous, you can be liable for those damages as long as the incident met the elements of 510 ILCS 5/16. The statute also covers non-bite injuries, such as being knocked down by a dog that is charging. If the attack meets the statute’s requirements, you can reasonably expect a claim against your homeowner’s insurance or a lawsuit, and separate enforcement action under the Animal Control Act, including fines and court-ordered restrictions on the dog.
Will They Put My Dog Down for Biting?
Following a dog bite, there is often a good deal of chaos and confusion. The victim usually needs medical treatment and, depending on the circumstances, the police may be involved. Generally speaking, if your dog has bitten someone and has not previously been deemed a vicious or dangerous dog, your dog will not be euthanized. However, a court can find that your dog poses a risk to the public and declare it dangerous or vicious under 510 ILCS 5/15 and 510 ILCS 5/15.1, which then requires the owner to follow strict conditions. Those can include:
- Paying a public safety fine
- Having the dog spayed or neutered and microchipped at your expense if that has not already been done
- Keeping the dog leashed and under the direct control of an adult when off your property
- Muzzling the dog in public when the animal control administrator orders it
- Keeping a dog declared vicious in a secure enclosure, with a muzzle and a leash no longer than six feet during any permitted trip outside it
- Completing a behavioral evaluation and training at your expense
A court has discretion to order euthanasia in the most serious cases. To prevent this heartbreak for everyone involved, prevention is key.
Protecting Yourself as a Dog Owner
It is the responsibility of every dog owner to ensure that their dog does not injure others. Guidance from the Centers for Disease Control and Prevention and veterinary groups points to the same basic steps:
- Socialize your dog as young as possible with people and other animals
- Supervise your dog around all children and teach children how to interact safely with dogs
- Never leave young children alone with any dog
- Spay or neuter your dog, since intact male dogs are more likely to bite
- Get help from a veterinarian or behaviorist as soon as your dog shows aggressive behavior
- Do not disturb a dog that is sleeping, eating, or with puppies
- Skip aggressive games such as wrestling or tug-of-war
- Keep your dog leashed any time you are away from your property
- Consider a well-maintained fence, at least six feet high, and keep it secure
- Consider posting signs warning visitors that a dog is on the property
If you own a dog, contact your insurance company to determine whether your homeowner’s or renter’s policy covers dog bites and your specific breed. Lawsuits are expensive, and if your dog bites another person, you want the assurance that you will be covered up to the limits of your coverage. A dog in Illinois that has bitten someone may be declared dangerous or vicious, and those designations bring requirements the owner must follow, from fines and microchipping to spaying or neutering, muzzling in public, secure confinement, and in the most serious cases euthanasia.
Compensation for Dog Bite and Attack Injuries
To pursue full compensation for a dog bite injury, it helps to be represented by a dedicated and experienced personal injury lawyer. What a dog bite claim is worth depends on a variety of factors, including:
- The extent of your injuries and associated medical bills
- Long-term medical treatment that may be required, including assistive devices, pain management, home assistance, and therapy
- The insurance policy of the liable party
- Non-economic damages such as pain and suffering, emotional distress, or post-traumatic stress disorder
You may be eligible to recover medical expenses and lost wages, and you can also be compensated for intangible losses. Depending on the severity of the attack and your injuries, those may include pain and suffering and long-term health complications such as scarring, disability, or disfigurement. Punitive damages may also be available in a narrow set of cases where the owner’s conduct was extreme or outrageous, for example encouraging an attack or letting a dog with a known history of violence roam freely. Every case turns on its own facts, and past results do not guarantee future outcomes.
Never assume the insurance company will take care of you following a dog bite. It is worth discussing your case with an experienced personal injury lawyer before you accept anything.
Contact 844-SEE-MIKE
If you or a loved one has been injured in a dog bite or dog attack, 844-SEE-MIKE is here for you every step of the way to protect your rights and pursue compensation for your injuries and losses. You pay nothing unless we recover money for you. Contact 844-SEE-MIKE anytime for a free, no-pressure consultation. We’re here 24/7.
This article is general information about Illinois law and is not legal advice for your specific situation.
