When Are Dog Owners Not Liable for Bites or Attacks in Illinois?

At Dog Bite Injury Lawyer, our Illinois personal injury attorneys have decades of combined experience guiding dog bite victims through the state’s strict liability law.

Illinois imposes strict liability on owners for injuries caused by their dogs, making it easier for an injured person to recover compensation without proving negligence. However, understanding when dog owners are not liable for bites or attacks in Illinois is just as important, because certain defenses built into state dog bite laws can significantly affect the outcome of a dog bite lawsuit.

Our team of experienced dog bite lawyers helps clients navigate these nuances to protect their rights and pursue the compensation they deserve after a dog bite injury incident.

Dog Bite Laws in Illinois

The Illinois Animal Control Act (510 ILCS 5/) gives strong protection to dog bite victims. Unlike some states, Illinois does not follow the “one bite rule.” Under Illinois’ strict liability law, a dog owner is liable if their dog, without provocation, injures someone who is lawfully in a public place or on private property, even if it’s the first bite or the owner had no prior knowledge of aggressive behavior.

Victims do not have to prove the dog had a history of aggressive behavior, only that the bite or attack occurred under qualifying circumstances.

Key Illinois definitions:

• Dangerous Dog – Poses an unjustified threat of injury or bites without serious harm.
• Potentially Dangerous Dog – Found running at large with three or more unsupervised dogs.
• Vicious Dog – Without justification causes serious injury or death, or is ruled dangerous three times.
• Reckless Dog Owner – Allows repeated dangerous incidents involving their dog.

Chicago’s Municipal Code Chapter 7-12: Animal Care and Control adds extra rules and penalties for dog and animal attacks in the city, including:

• Leash & Restraint (7-12-030): Dogs must be on a leash or under direct control in public.
• Prohibited Acts (7-12-050): Owners may not allow attacks or injuries to people or animals; violations bring fines and impoundment.
• Dangerous Animal Rules (7-12-020 & 7-12-030): Declared “dangerous” animals require strict containment and registration.
• Impoundment & Quarantine (7-12-140): Dogs involved in biting incidents may be quarantined at the owner’s expense.
• Owner Liability & Penalties (7-12-150): Severe or repeated violations can lead to large fines and even criminal charges.

The Two Main Defenses for Owners When Dog Bites Occur

Although Illinois’ animal bite law imposes strict liability on dog owners, the Animal Control Act recognizes two main defenses a dog owner may use to avoid dog bite liability: trespassing and provocation.

Exception 1: The Victim Was Trespassing

Illinois’ strict liability standard only protects people lawfully on the property or in a public place, such as guests, mail carriers, or service providers. It generally does not protect someone trespassing with criminal intent. If the injured person was not legally present when the dog bite incident occurred, the owner may avoid being held liable.

Exception 2: The Victim Provoked the Attack

Strict liability also does not apply if the victim provoked the dog. Legal provocation includes actions such as hitting, kicking, or tormenting a dog. Actions like a child trying to pet a dog or accidentally startling it are not considered provocation under state law. This means that dog owners have to prove provocation to use this defense in an animal bite case.

The Burden of Proof Rests on the Dog Owner

In Illinois dog bite cases, the burden of proof lies entirely with the dog owner. To escape strict liability, the owner must present clear evidence that the injured person was trespassing or provoked the dog.

The victim does not have to prove their own innocence. Illinois dog bite law assumes protection for anyone lawfully on the property and not at fault for the dog bite incident.

What If a Dog Was Defending Its Owner?

Illinois dog bite law recognizes that a dog may act in self-defense or to protect its owner from an immediate and credible threat, such as an assault. If a dog attacked under these circumstances, the liability of the dog owners may be contested.

However, this requires proof that the threat was real and that the attack caused by their dog was a reasonable response, not just an excuse to avoid being held responsible.

Special Rules for a Legally “Dangerous Dog” in Illinois

Under Illinois law, a dog can be officially declared a “dangerous dog” after a severe attack or repeated aggressive behavior with serious consequences. Owners of these dangerous or vicious dogs must follow strict containment, registration, and insurance requirements.

If a dog owner fails to comply with these rules and another dog bite incident happens, that violation can be used as strong evidence against them in a personal injury lawsuit, making it easier for a victim to recover compensation for injuries caused.

How an Attorney Fights Unfair Defenses in Dog Bite Cases

At Dog Bite Injury Lawyer, we know how often dog owners and their insurance companies try to avoid liability by claiming the victim provoked the dog or was trespassing.

Our attorneys investigate every dog bite incident thoroughly by collecting medical records, photographing injuries caused, interviewing witnesses, and obtaining local animal control reports.

We then use clear legal arguments to disprove false defenses, ensuring victims can recover compensation for medical expenses caused by the attack.

Seeking Compensation for Your Dog Bite Injury

Even if a dog owner may try to blame you for a dog bite incident, Illinois law still protects your right to recover compensation. With the help of an experienced lawyer, you can hold dog owners responsible for injuries caused by their pets and pursue a fair settlement.

Common damages in Illinois dog bite cases include:

• Medical bills and future medical treatment
• Lost wages and reduced earning capacity
• Pain and suffering from physical injuries
• Emotional distress, including PTSD, anxiety, or fear of dogs
• Other out-of-pocket costs tied to your personal injury lawsuit

Our team works hard to make sure you receive the fair compensation you deserve under Illinois’ strict liability rule.

Understanding the Emotional Distress from a Dog Bite

A dog bite injury can cause more than just physical injuries; it can also leave deep emotional scars. Many victims develop PTSD, anxiety, nightmares, or a lasting fear of dogs, especially when the attack involves serious injuries or a dangerous dog.

Under Illinois law, compensation for emotional trauma is a key part of a personal injury claim, alongside medical expenses. Recognizing and documenting this trauma helps your lawyer build a stronger case for the compensation you deserve.

What Makes Us the Best Lawyers for Complex Dog Bite Claims?

At Dog Bite Injury Lawyer, we focus exclusively on Illinois dog bite law and understand every nuance of the state’s strict liability standard. Our personal injury lawyers have extensive experience defeating common insurance company defenses and holding owners liable for injuries caused by their dogs.

We are committed to protecting victims from being unfairly blamed, gathering evidence, and fighting for the fair compensation they deserve.

Our Settlements for Dog Bite Liability Cases in Illinois

Our team has a proven record of success in Illinois dog bite lawsuits, achieving substantial recoveries for victims. These results show our ability to hold dog owners liable for injuries caused by their pets, even when insurance companies try to deny or limit liability.

Some of the cases we’ve won for our clients include:

$165,454 Recovery: Secured for a postal worker attacked by a Boxer while delivering mail, covering medical bills, lost wages, and pain and suffering.

$550,000 Settlement: Obtained for an elderly woman who was knocked over by a dog at an apartment building, causing multiple leg fractures and significant emotional trauma.

$885,000 Settlement: Won for a teenage boy attacked by a large dog and pushed into a bonfire at a cookout, resulting in a dog bite injury, severe burns, and other injuries.

These outcomes highlight our commitment to helping victims recover compensation and achieve fair settlements under Illinois’ strict liability state law.

Schedule a Free Consultation to Discuss Your Rights

If you or a loved one has suffered a dog bite injury or been hurt in an attack by a dangerous and vicious dog, seek medical attention immediately and don’t wait to protect your rights by calling the best dog bite lawyer in Chicago.

At Dog Bite Injury Lawyer, our experienced personal injury attorneys understand Illinois dog bite law, know how to challenge false defenses about trespassing or provocation, and hold liable dog owners for injuries caused by their pets.

We offer a free consultation to explain your legal options and show you how to fight back against an owner’s attempt to avoid liability. You pay no fee unless we win, giving you the opportunity to pursue the compensation you deserve.