If a Tenant’s Dog Bites Someone, Is the Landlord Responsible?

The Tenant Is Held Liable for Their Dog’s Actions

The Illinois Animal Control Act specifies that a dangerous dog’s owner is liable for injuries inflicted by the animal (510 ILCS 5/). This is true even if the animal attack occurs on the landlord’s property. However, there are certain circumstances in which the dog bite victim can hold the landlord liable for injuries caused by a tenant’s dog.

If you have been the victim of a vicious dog bite, consult with a qualified personal injury attorney from Dog Bite Injury Lawyer. We will explore the landlord’s duty to protect visitors, investigate the dog’s viciousness based on evidence, and negotiate with the liability insurance company on your behalf. Contact us today for a free consultation about your legal rights.

Our Dog Bite Injury Settlements

$1,200,000: Mia, a toddler, was attacked by a relative’s Doberman Pinscher at a Crystal Lake apartment building. The child suffered facial wounds that resulted in scarring.

$700,000: Bryan, a four-year-old child, was cornered by two dogs at a River North rental property. The attack caused nerve damage and scarring. Our attorneys demonstrated that the landlord knew about the dangerous animals, as they had injured several other tenants.

$375,000: A three-year-old child was attacked by a pit bull in a Gold Coast apartment complex. The dog bite incident resulted in permanent facial scars.

What Makes Us The Best Dog Bite Injury Attorneys

Our caring and compassionate dog bite attorneys are members of the Million Dollar Advocates Forum and the Illinois Trial Lawyers Association, recognized for our high settlements and aggressive legal representation. We regularly contribute to the National Law Journal, sharing invaluable insights for other personal injury attorneys.

With our award-winning attorneys by your side, you have the best chance of success, whether that’s around the negotiation table or in the Cook County Circuit Court.

When Can a Landlord Be Found Liable for Dog Bites?

While there are strict liability laws for tenants, landlord liability is not quite as simple. Your attorney must demonstrate that the landlord was negligent. In other words, they had a responsibility to take reasonable care to avoid danger to invited guests or other tenants.

It must be proven that the landlord took an unreasonable risk by allowing the dangerous dog to remain on the premises. For example, the landlord could be potentially liable for injuries caused by the tenant’s dog if they knew the animal was dangerous but chose not to intervene.

Proving the landlord’s liability also requires proof that they could have done something to remedy the situation. Many landlords require their tenants to inform them of any pets and can ask the tenant to remove the animal if it injures another person. However, if they weren’t aware that the renter had an animal in the house, they can’t be held responsible if someone gets hurt.

Did the Landlord Have “Actual Knowledge” of the Danger?

To determine the landlord’s potential liability, your attorney must show that they had actual knowledge of the potential for harm to other renters and guests. In law, this is called actual notice.

In most cases, it is not enough for the landlord to simply know that the tenant has a dog; they must have known that this was a dangerous dog. Illinois does not allow landlords to assume that a certain pet is dangerous simply because of its breed.

Rather, the landlord must have known because of prior complaints by fellow tenants, police reports of the animal acting aggressively, or physically witnessing the aggressive behavior. This can sometimes be situational, such as when a dog growls and guards the property, or it may involve an explicit attack.

Liability for Dog Bite Injuries Caused in Common Areas of a Property

Landlords have direct control over common areas, such as hallways, courtyards, lobbies, stairwells, and parking lots. As such, if a tenant’s dog bites someone in a common area, the courts may hold both the landlord and the dog’s owner liable.

For example, the landlord could be liable if they did not require owners to keep their dogs on leashes when in shared areas, such as the lobby. They could also be held accountable for a dog attack if they created conditions that could lead to attacks, such as failing to install fencing around the building’s perimeter or allowing pets to roam freely.

While it may be possible to hold the landlord liable if the attack happened inside a tenant’s apartment, this may be more difficult, as the landlord has less direct control over this area of an apartment building. It could be possible to hold the landlord responsible if inadequate access control, such as broken fences or non-functional doors, allowed the dog to escape the premises.

When a Tenant Lacks Adequate Insurance to Cover Dog Bite Injuries

If the dog owner does not have a renter’s insurance policy, or the policy is inadequate for the damages caused, then it may be necessary to sue the landlord for the expenses. Our attorneys will demonstrate that the landlord was aware of previous incidents and was able to take action, but failed to do so.

Damages that the insurance policy may cover can include:

• Emergency room bills
• Reconstructive surgery
• Lost wages
• Loss of future income
• Out-of-pocket medical expenses, like medications
• Moving expenses
• Physical pain and suffering
• Emotional distress
• Loss of normal life

How Our Injury Attorney Investigates if a Landlord Can Be Held Responsible

Our firm offers comprehensive legal services for dog bite victims, ensuring that they receive the support and compensation they deserve.

To hold the landlord liable, we must determine whether they were aware that the tenant’s dog had bitten other people or exhibited dangerous tendencies. We’ll interview fellow tenants and neighbors about any previous disturbances that had occurred on the property, whether anyone was injured, and how the landlord responded to complaints.

Many leases include specific stipulations for dog owners, such as the requirement that the animal must be on a leash at all times and may be removed from the premises if it shows aggressive tendencies. We will review the lease to determine whether there were any clauses that could show the landlord failed to uphold their responsibilities.

Another key element is to understand if the dog attack could have been predicted. Illinois expressly prohibits breed-specific legislation. The Animal Control Act states, “Vicious dogs shall not be classified in a manner that is specific as to breed” (510 ILCS 5/15(3)). In other words, a dog being of a specific breed, such as a pit bull or German Shepherd, does not automatically constitute a “dangerous animal” under Illinois law.

Rather, the dog must have injured a person or another animal before being identified as dangerous. We will investigate the dog’s history, consult with veterinarians, and review any previous complaints about the animal to establish that the landlord should have been aware of the issue.

The law also notes that a dog cannot be considered dangerous if it was acting in self-defense, was in pain from an injury, was protecting its puppies, or was protecting its property (510 ILCS 5/15). Before filing a complaint, your injury attorney must verify that the animal attack was not provoked and that the dog was healthy. This requires examining its veterinary records and consulting with animal behavior experts.

Through our thorough investigation, we will reveal the attack’s circumstances, establish the landlord’s prior knowledge of the dog’s aggressive nature, and make a claim against their insurance to recover damages.

Schedule a Free Consultation to Discuss Your Dog Bites Case

A dog bite can be a traumatic and painful experience with long-lasting repercussions, especially for children. Dog owners are always responsible for their pet’s behavior, but others may also be held liable for a dog attack, including landlords.

Our award-winning Chicago dog bite and animal attack attorneys will ensure that everyone responsible for the attack is held liable and must compensate you for the harm caused by vicious animals. We work on a contingency fee basis, meaning that you owe us nothing unless we recover damages.

Explore your legal options by scheduling a free consultation with our nationally recognized attorneys. We serve clients throughout Chicago, Cook County, and Illinois as a whole.