Illinois holds dog owners strictly liable for bites
Illinois enforces strict liability for dog bite cases, holding owners responsible even if the dog has no history of aggression. Learn your rights and the legal process to seek compensation for injuries.
Dog bite claims are on the rise across the United States. According to one report from the Insurance Information Institute, dog bites and dog-related injuries account for more than one-third of homeowner insurance liability claims dollars paid out.
Every state has laws in place that help determine liability when a dog bites someone. Illinois has some of the strictest laws in the country.
Let’s take a closer look.
One-bite vs. strict liability dog bite laws
When it comes to dog bite laws, most states apply one of two options:
- Strict liability: In states that apply strict liability, an owner is liable for a dog bite regardless of whether or not the dog has displayed aggressive or violent tendencies in the past.
- One-bite rule: In states that apply a one-bite rule, an owner is only responsible for a dog bite if the owner knew or should have known about their dog’s violent tendencies.
Illinois enforces strict liability in dog bite cases
Illinois dog bite laws are detailed in the Animal Control Act. According to 510 ILCS 5/16, if a dog or other animal attacks or injures someone without provocation, the owner is liable for the full extent of the injuries caused. This liability applies even if the dog has no history of violent behavior.
Consider the following hypothetical:
Charlie, a resident of Springfield, Illinois, is taking his usual evening walk in his neighborhood when he encounters his neighbor's dog, Snoopy.
Snoopy has always been friendly, often playing with children and receiving pets from neighbors. On this particular day, however, Snoopy unexpectedly lunges at Charlie and bites his leg, causing a deep wound that requires stitches and subsequent medical treatment.
Despite Snoopy’s previously gentle nature, under Illinois law, Snoopy’s owner is liable for all of Charlie's medical expenses.
However, the Act does not impose strict liability on the owner in all circumstances. A plaintiff must demonstrate "a factual or reasonable basis for liability." For instance, if the dog is under the care of someone else at the time of the incident, the owner may not be held liable, though the caregiver might be responsible.
Defenses to Illinois dog bite lawsuits
Because Illinois applies strict liability to dog bite claims, there are very few defenses available to dog owners. These defenses are typically limited to:
- The victim was trespassing at the time of the injury: Strict liability for dog bites applies when the victim is “in any place where he or she may lawfully be.” In other words, if the victim was unlawfully on the property, the owner may not be held strictly liable under the dog bite statute. However, the owner might still face negligence claims if it’s found they did not take reasonable steps to prevent foreseeable harm.
- The victim provoked the dog: Proving provocation requires evidence that the victim’s actions directly contributed to the aggressive response from the dog. The challenge in these cases lies in demonstrating the nature of the provocation and establishing a direct link to the dog’s response.
What constitutes provocation?
Provocation, in the context of dog bite cases under Illinois law, refers to any action or activity, whether intentional or unintentional, that would reasonably be expected to cause a normal dog in similar circumstances to react aggressively. The courts assess provocation based on the dog's perspective, considering whether the dog's response was proportionate to the stimulus.
In the case of Kirkham v. Will, the plaintiff, Mary Kirkham, was attacked by the defendant’s dog. The defendant argued that Kirkham provoked the dog because her blood alcohol level was above 0.10 and she was allegedly trespassing. The court, however, focused on whether the dog's reaction was reasonable given the circumstances. Despite the defendant's claims, the court determined that the plaintiff was on the property for a lawful purpose and did not engage in behavior that would reasonably provoke the dog.
The jury was instructed to consider provocation from the viewpoint of how a normal dog would react. This standard ensures that even unintentional actions, such as stepping on a dog's tail or approaching it while it is eating, can be considered provocation if they would reasonably incite a similar reaction from a typical dog.
Jane McBride, a member of the Illinois State Bar Association’s Animal Law Section, notes that breed discrimination can be an issue when determining whether a dog was provoked. Many people perceive dogs like pit bulls to be more aggressive than others. In reality, McBride says, smaller dogs like Chihuahuas bite most often.
Dog bite damages
Dog bites can result in a wide range of injuries, some of which are severe and life-altering. Common dog bite injuries include:
Additionally, psychological trauma, such as post-traumatic stress disorder (PTSD), fear of dogs, and anxiety, may follow a dog attack.
- Broken bones
- Nerve damage
- Puncture wounds
- Lacerations
- Infections
- Scarring and disfigurement
- Muscle damage
- Eye injuries
Fortunately, dog bite victims in Illinois can typically recover both economic and non-economic damages:
- Economic damages represent monetary losses caused by the incident (e.g., medical expenses, lost wages, property damage).
- Non-economic damages represent non-monetary losses caused by the incident (e.g., pain and suffering, loss of consortium).
Will insurance cover a dog bite claim?
Most homeowners' insurance policies cover dog bite liabilities up to a certain limit, typically ranging from $100,000 to $300,000. However, if the claim exceeds this amount, the dog owner might be personally responsible for the difference.
Keep the following points in mind:
- Some homeowners’ policies exclude certain breeds. It’s important to check your policy (if you’re a dog owner) or request a copy of the dog owner’s insurance policy (if you’re a dog bite victim).
- The medical payments coverage in a homeowner’s policy pays the medical bills of people hurt on the homeowner’s property. It may also cover some injuries that occur away from home, such as at a park.
- An optional umbrella policy kicks in if an owner’s homeowners’ insurance doesn’t cover dog bite injuries or doesn’t pay enough.
Liability claims related to dog bites and other dog-related injuries cost homeowners insurers 1.12 billion in 2023, according to the Insurance Information Institute. The average cost per claim in 2023 was $58,545.
Do I have to report a dog bite in Illinois?
Under Illinois law, anyone bitten by a dog, or the parent or guardian of a minor who is bitten, must notify the local health department immediately. Healthcare professionals who treat a dog bite are also required to report the incident to the health department. This mandate is specified in the Illinois Animal Control Act (510 ILCS 5/18).
If you need to report a dog bite, contact your local health department. For example, in Cook County, you can reach the Cook County Department of Public Health at (708) 836-8600. In other areas, you can find contact information for your local health department on the Illinois Department of Public Health's website.
Can a dog be euthanized for biting in Illinois?
The decision to euthanize a dog for biting someone in Illinois depends on several factors and follows a specific legal process. According to the Illinois Animal Control Act, the following steps and considerations are involved:
- Quarantine: After a dog bite is reported, the dog is typically placed under a 10-day quarantine to observe for signs of rabies. This quarantine can occur at the owner's home, a veterinary facility, or an animal control center, depending on the circumstances of the bite and the dog's vaccination status.
- Dangerous dog declaration: If the dog is deemed dangerous, further actions may be taken. A dog may be declared dangerous if it, without justification, bites a person and causes a less severe injury than a serious physical injury.
- Vicious dog declaration: A dog may be declared vicious if it, without justification, attacks a person and causes serious physical injury or death, or if it has been previously declared dangerous and continues to exhibit threatening behavior. Once a dog is declared vicious, the owner may be required to follow strict regulations, which could include euthanasia.
- Hearing: Before a dog can be declared dangerous or vicious, the owner is typically entitled to a hearing. During this hearing, evidence is presented, and both the dog owner and the victim can provide testimony.
- Euthanasia: If a dog is declared vicious and poses a significant threat to public safety, a court may order the dog to be euthanized. This decision is made to protect the community from future attacks.
If you or someone you know has been bitten by a dog, consulting an experienced Illinois personal injury lawyer can help ensure you receive the compensation you deserve.
See our guide Choosing a personal injury attorney.