Common Defenses Raised in Dog Bite Lawsuits

How We Fight Back When a Dog Owner Tries to Blame You

Even when an Illinois dog attack case seems clear: an injured person is lawfully present and suffers serious harm from an unprovoked attack, the dog owner’s insurance company will almost always look for ways to avoid paying a claim. There are many common defenses raised in dog bite lawsuits, and our firm has a proven track record of defeating them.

Because we focus on Illinois dog attack cases under the powerful Animal Control Act, we know how to anticipate and dismantle these strategies so victims can recover full compensation for medical bills, lost wages, and other damages.

Understanding the Primary Law Governing Dog Attacks

Most Illinois dog bite cases are governed by the state’s powerful Animal Control Act (510 ILCS 5/), a strict liability statute that strongly favors injured victims.

Under this law, the owner (or the person in control of the animal) can be held strictly liable for injuries caused by their dog if the bite occurred while the victim was lawfully present and did not provoke the dog. This means the injured party does not have to prove negligence, prior incidents, or that the owner knew about the dog’s aggressive nature beforehand.

Because of this statute, a person bitten or attacked by a dog, whether at a park, in a yard, or at a private residence, can pursue a lawsuit even if the dog had no attack reports. This makes the Act one of the strongest legal tools available for victims of dog bites, mail carriers, delivery drivers, and other individuals with implied permission to be on a property.

The Two Main Defenses Allowed Under the Animal Control Act

While Illinois law strongly protects victims of dog attacks, the Act does allow the owner to raise two specific defenses in an attempt to avoid liability, and understanding them is key to defeating them in court.

Defense 1: Provocation

Under the Act, a dog owner can argue that the plaintiff provoked the dog. Legally, “provocation” in Illinois means an intentional act that would reasonably cause a dog to react aggressively, such as tormenting, hitting, or abusing the animal. If the owner can prove the victim provoked the dog in this way, it may bar recovery under the strict liability statute.

However, Illinois courts have repeatedly clarified that normal, innocent, or accidental contact does not count as provocation. Examples include:

• A child petting a dog
• Accidentally stepping on a dog’s tail
• Jogging past a property line
• Delivering mail or packages
• Entering a yard after being invited

These actions generally do not meet the legal standard for provocation, and our firm uses medical records, witness statements, attack reports, and knowledge of the dog’s behavior to show the injured party did not provoke the animal.

Defense 2: Trespassing

The second defense is that the injured individual was unlawfully on private property when the attack happened. In other words, the dog owner may not be held responsible if the victim was trespassing without permission.

But this defense is also limited. Under Illinois dog bite law, anyone who is lawfully present, including guests, postal workers, delivery drivers, meter readers, or others with implied permission, is protected.

A dog bite lawsuit is still viable even if the victim was inside a fenced yard, on a driveway, or approaching a front porch, as long as they were not breaking and entering or otherwise trespassing illegally.

Other Defenses Used by Negligent Owners

Beyond provocation and trespassing, some owners and their insurers try to use other tactics to escape responsibility. These most often used defenses include:

Assumption of Risk

Claiming the harmed person voluntarily accepted the danger of working with or approaching a dog. This defense is very limited and typically only applies to professionals such as veterinarians, groomers, or kennel staff, all of which are people who knowingly handle animals as part of their job.

Negligence Theory/Comparative Fault

In most personal injury cases, a victim’s compensation can be reduced under comparative negligence/fault rules if they are found partly responsible for their own injuries. But in Illinois dog bite civil lawsuits, this standard does not apply.

Because the statute imposes strict liability, the owner is held responsible even if they had no prior notice of dog aggression or attack reports, and the injured party’s minor carelessness cannot be used to bar full recovery.

Prior Knowledge or Aggressive Behavior Arguments

Suggesting the owner had no idea the dog was dangerous. Under Illinois state law, this is irrelevant because owners are strictly liable even without prior bite history or reports.

By understanding how these defenses operate, our team can develop an evidence-driven strategy to protect victims and maximize their recovery.

How Our Firm Dismantles These Common Defenses in Dog Bite Cases

When dog owners (and their insurers) trot out the most common defenses in Illinois dog bite cases, we go on offense. We secure video, photos, animal control files, bite reports, and medical history to prove the victim was lawfully present and did not provoke the dog.

We also document implied permission for postal workers, delivery drivers, and visitors, and show how Illinois’ strict rules make comparative fault arguments irrelevant. By locking in evidence early, we block attempts to use assumption of risk, trespassing, or “no prior notice” excuses and position your case for maximum recovery.

The Importance of a Thorough Investigation in a Dog Bite Lawsuit

In Illinois dog bite cases, a meticulous investigation is the single most effective way to defeat otherwise legally valid defenses. By documenting every detail early, we gather evidence and ensure that the dog owner and their insurer cannot twist the facts to escape liability.

Our team immediately collects witness statements, photographs of the scene (including yards, gates, and signage), attack reports, and animal control records to confirm the victim was lawfully present and did not engage in behavior that could be construed as provocation.

We also secure medical documents to connect the attacks to the injuries and show the legal consequences, such as lost income, ongoing care, and emotional harm, that were caused when the attack took place.

This approach builds a rock-solid case under both strict liability and negligence claims. By controlling the narrative from the start, we keep the focus where it belongs: on the owner’s responsibility and the full compensation the victim deserves.

Contact Our Illinois Dog Bite Lawyers for a Free Consultation

If you or a loved one has been bitten by a dog in Illinois, especially if the dog owner or their insurer is trying to blame you, our team is ready to step in. We know the most popular defenses used in lawsuits for dog bites and how to dismantle them with hard evidence.

You don’t have to face these tactics alone. Let an experienced dog attack lawyer in Chicago fight for your rights under Illinois’ strict laws and pursue the full compensation you deserve for medical bills, lost income, and the emotional toll of the attack occurred.

Call us today for a free, no-obligation consultation. We’ll review your case, explain your options, and start building a comprehensive strategy to hold the owner liable with no cost to you unless we win, so you can focus on healing while we handle everything else.