Illinois Dog Bite Laws

Dogs are wonderful companions, but when they bite somebody, they can cause major injuries that lead to unexpected expenses. When a dog bite does happen, there are specific laws in place to address how victims secure compensation and the types of compensation they can secure.

Strict Liability in Illinois Dog Bite Cases

Illinois follows a strict liability rule when it comes to dog bites. This means that the dog’s owner is automatically responsible for harm caused by their dog, regardless of whether the dog has a history of aggression. Unlike some states that require proof that the dog had previously bitten a person or was known to be aggressive, Illinois law focuses on the circumstances of the attack.

Under the Illinois Animal Control Act, to establish liability, the victim must prove that:

• They were lawfully present at the location where the bite occurred.
• They did not provoke the dog before the attack.
• The bite directly caused their injuries.

If these elements are met, the dog owner will be responsible for compensating the victim, whether or not they knew the dog might bite.

What Damages Can Dog Bite Victims Recover?

In Illinois, dog bite victims can seek various forms of compensation, including:

• Medical costs. This covers emergency care, surgeries, rehabilitation, and therapy for both physical and emotional injuries.
• Lost income. If the injury leads to time off work or impacts your earning capacity, you can claim for lost wages.
• Pain and suffering. Compensation for the physical pain and emotional distress resulting from the attack.
• Property damage. Reimbursement for damaged personal belongings like clothing or electronics that were affected during the incident.

Defenses Against Dog Bite Claims in Illinois

While Illinois law generally holds dog owners strictly liable for bite injuries, there are defenses available to the dog owner. These defenses can reduce or eliminate their liability. The most common defenses include:

Provocation. If the dog owner can prove that the victim provoked the dog—by teasing, hitting, or otherwise antagonizing it—before the attack, they may avoid liability.

Trespassing. A victim must have been lawfully present at the location of the attack. If the owner can show that the victim was trespassing on private property or unlawfully entering the dog owner’s home, the owner may not be held responsible for the injuries.

Statute of Limitations for Dog Bite Lawsuits in Illinois

In Illinois, dog bite victims have a limited amount of time to file a lawsuit for compensation. The statute of limitations for dog bite claims is two years from the date of the attack. If the lawsuit is not filed within this time frame, the victim may lose their right to pursue compensation.

Dog Bite Requirements in Chicago

In addition to Illinois state law, the city of Chicago has its own set of regulations regarding dog bites and animal attacks. Chicago’s municipal code requires all animal bites to be reported to the Chicago Department of Animal Care and Control within 24 hours. The city may place the dog under quarantine or investigate the incident to assess any risk to public safety.

Chicago also enforces leash laws and other restrictions to help prevent dog attacks in public spaces. Failure to comply with these local regulations may result in fines and penalties for the dog owner, in addition to liability for any injuries caused by their pet.

Why Legal Assistance Is Essential

Although Illinois’ strict liability laws provide a clear path for dog bite victims to pursue compensation, these cases can still be legally complex. Insurance companies may attempt to downplay the severity of the injury or argue that the victim provoked the dog.

Seeking legal assistance for injuries ensures that your rights are protected throughout the process. A knowledgeable Illinois dog bite attorney can help gather evidence, negotiate with insurance companies, and advocate for the compensation you deserve.