What Does Strict Liability for Dog Bites Mean in Illinois?

After a serious attack, you may be facing medical bills, missed time at work, and other losses. However, if you file a civil claim to hold the dog owner accountable, you could recover compensation for legal damages. The Animal Control Act in Illinois outlines strict liability for dog bites, which means you have a better chance of securing a fair settlement.

Our Chicago dog bite attorneys have years of experience helping victims who have been hurt fight for justice in Illinois. Our firm will stand by your side as you navigate the claims process to ensure your rights are protected.

What Is Strict Liability?

Strict liability is a legal principle that holds negligent parties liable for damages, regardless of their state of mind or intent at the time of the incident.

For example, if you are hurt in a dog bite incident in a strict liability state, the owner’s actions are essentially irrelevant in establishing negligence. Their dog hurt someone, so they are liable for any dog bite injuries and ensuing damages in most scenarios.

What Is the Illinois Dog Bite Liability Law?

The dog bite laws in Illinois are outlined in 510 ILCS 5/16. This statute says:

“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.”

This means dog bite victims must prove three things to have a chance of pursuing compensation:

• That the dog attacked, attempted to attack, or injured them
• That they had a lawful right to be present
• That they did not provoke the animal

This differs significantly from typical negligence laws. For most personal injury claims, you must prove duty of care, breach of duty, causation, and legal damages. For a dog bite case, you only need to confirm that the statutory conditions are met. The purpose of strict liability is to facilitate easier access to settlements for innocent parties while promoting responsible pet ownership.

Is There a One-Bite Rule Under the Illinois Dog Bite Statute?

Some states have a one-bite rule in effect for dog attacks. Under this statute, the dog owner may not be liable for a first offense if the dog has not displayed aggressive behavior in the past. Essentially, the first dog attack is forgiven.

Illinois law does not include a one-bite rule. A dog owner can be held liable for a first bite or aggressive act that injures another person. As a result, Illinois is one of the most victim-friendly states in the country for dog bite claims.

What Dog Bite Cases Qualify for Legal Action Under Strict Liability Laws?

Deciding whether a dog owner can be held legally responsible for your physical injuries depends on the circumstances of the incident. Here are some examples of dog attacks that would likely fall under strict liability laws:

• A loose dog bites a mail carrier delivering packages in Little Village
• A child playing in a friend’s yard in Wicker Park is attacked
• An off-leash dog attacks a jogger in Millennium Park
• A dog breaks free of a fence in McKinley Park and attacks a service worker

What Are Common Injuries That Qualify for Dog Bite Claims?

An injured person could suffer various ailments as a result of the dog attack, including:

• Broken bones
• Puncture wounds
• Severe lacerations
• Facial injuries
• Permanent scarring
• Torn ligaments
• Muscle sprains and strains
• Dental injuries

What Damages Can Illinois Dog Bite Injury Victims Recover?

If you suffer serious injuries after an attack by a dog, a successful lawsuit can lead to compensation for legal damages.

Here are the most common types of losses in these cases:

Economic Damages

• Lost wages
• Future lost income
• Medical bills (reconstructive surgery, emergency room visits, medication, rehabilitation, physical therapy)
• Future medical treatment costs

Non-Economic Damages

• Emotional trauma (PTSD, anxiety, depression, self-harm, suicide ideation, fear of dogs)
• Pain and suffering
• Disability and disfigurement
• Loss of enjoyment of life

Punitive Damages

A judge or jury may award additional compensation to the injured person if the defendant is guilty of gross negligence or reckless misconduct. This category is designed to penalize the responsible party further.

What Defenses Do Dog Owners Use to Deny Liability for Animal Attacks?

In many cases, the dog owner will attempt to deny liability for the dog bite incident. They could make several claims to defend themselves, such as:

• Provocation – The victim teased, hit, or provoked the animal in some way
• Trespassing – The victim was not lawfully on the private property at the time of the dog bite incident
• Self-defense – The dog was attempting to protect itself or its owner from immediate harm

Our experienced personal injury law firm knows how to overcome these defenses with additional evidence, such as witness statements or Animal Control records of previous complaints against the dog owner.

How an Experienced Attorney Can Help

If you hope to recover damages after a dog acted aggressively and hurt you, working with our expert attorneys is your best bet. We will listen to your story and ensure you are not alone during the legal process.

Our personal injury legal services include:

• Investigating the dog bite attack
• Protecting your legal rights
• Proving negligence if the owner knew about the dog’s aggressive behavior
• Gathering evidence that you were not trespassing or provoking the animal
• Assessing all legal damages to maximize compensation
• Researching animal control records to identify a potentially dangerous dog
• Obtaining medical records to prove damages
• Negotiating with insurance companies for full compensation
• Litigating in civil court if necessary
• Working on a contingency fee basis, so you owe nothing unless we win

Secure Expert Legal Representation

Dog bite injuries can have a major impact on the rest of your life. Whether the attack occurred while you were visiting a friend’s house or walking past a dog park, the dog owner can be held accountable under Illinois’ strict liability laws.

However, proving you were innocent of trespassing or provocation can be challenging. Our Illinois law firm has supported many dog bite victims in their pursuit of fair settlements. We believe in your case and will fight for every dollar you deserve for losses related to dog bite injuries.

You can take advantage of a free consultation to ask questions about dog owner liability and how to recover compensation via a lawsuit. Contact us today to schedule your free, no-obligation consultation.