Who Is Liable if a Dog Bites Someone

Liability for Dog Bite Claims in Illinois

Although dogs can become like family members in our own household, they are still domesticated animals. A serious dog bite attack can be a traumatic event that leaves the injured person with lifelong consequences, depending on the severity of the bite. Understanding who is liable if a dog bites someone is crucial if you hope to pursue compensation for legal damages via a civil claim.

In Illinois, specific laws cover who is responsible for a dog bite injury and its associated civil damages. These statutes help clarify who is legally and financially liable for the victim’s suffering. Let’s examine how these laws affect dog bite liability in Illinois.

The Dog Owner Is Primarily Liable Under Illinois’s “Strict Liability” Law

The Illinois Animal Control Act is the primary piece of legislation that determines liability for these animal attacks. Under state law 510 ILCS 5/16, the dog owner is the primary party responsible for a dog bite injury.

The statute highlights the concept of strict liability. In some states, an owner is not liable for a first offense if their dog has no history of aggressive behavior. However, even if your dog’s past is bite-free in Illinois, strict liability means you are still at fault for dog attacks that lead to serious injuries. Illinois does not follow the “one-bite rule.”

Who Legally Qualifies as a “Dog Owner”?

Although the term “owner” implies that the person who owns the dog is responsible for injuries caused by the bite. However, it also refers to anyone who keeps or harbors an animal.

This could include a dog sitter, a kennel, or another person who is caring for the dog at the time of the incident. For example, if you are bitten by a dog that gets loose from a kennel, the kennel owner would likely be responsible for injuries under negligence laws because they should have maintained control of the animal.

Are There Exceptions in Dog Bite Cases?

If you suffered from injuries caused by a dog attack, there are some scenarios where the owner would not be liable for your losses. Here are the two primary defenses an owner or insurance company could use to disprove their liability:

• Provocation – If the dog attack occurred because the injured victim was taunting, tormenting, or abusing the animal in question, they would be at fault for the accident
• Trespassing – If you are trespassing on private property when the incident occurs, you’ll have difficulty recovering compensation since you were not a lawful visitor at the time

When owners or insurance companies attempt to use these defenses against you, a dog bite injury lawyer can uncover evidence that overcomes these arguments.

Can Other Parties Be Held Responsible for a Dangerous Dog Bite Injury?

In rare cases, a third party could share liability with the dog owner for an attack that causes injuries.

For example, perhaps a landlord knows that one of their tenants has an aggressive dog, but they fail to take any action to make the person’s property safer for visitors. Another possibility is a dog walker who fails to restrain a pet that they are walking on behalf of the actual dog owner.

In these circumstances, you could pursue a personal injury claim that names these third parties as defendants, making them liable for your damages.

Why You Must Report All Dog Bites to Animal Control

Successful dog bite cases depend on evidence of the attack and its impact on your life. One of the most effective pieces of evidence is an official report of the dog bite incident.

Dog bite victims should always contact the local animal control chapter in their city or county to report the attack so an official record is created. It may also be worth reporting the attack to local law enforcement. This piece of evidence will greatly increase your chances of securing compensation under Illinois law.

How an Attorney Can Help When a Dog Bites Someone

Potentially dangerous dogs can cause life-altering injuries if they are not kept under control. Even a powerful bite from a smaller dog can cause puncture wounds that become infected and affect your long-term health.

Working with a personal injury attorney to hold the owner liable is essential if you want a fair settlement. Our dog bite attorneys know what it takes to prove damages after the injury occurred, such as:

• Lost wages
• Medical expenses (emergency care, reconstructive procedures, medication)
• Future medical bills
• Emotional trauma (anxiety, depression, psychological trauma, Post-Traumatic Stress Disorder)
• Disability and long-term scarring
• Pain and suffering
• Loss of enjoyment of life

When pursuing legal action, our law firm can handle the logistics, allowing you to focus on your recovery. Our legal services include:

• Investigating the dog bite incident
• Identifying liable parties (dog owner, property owner, third party)
• Gathering evidence from the scene, such as witness statements and surveillance footage
• Establishing liability for the owner failing to control his or her dog
• Assessing all damages to recover compensation for the injured person
• Negotiating with insurers
• Litigating in civil court if necessary

Discuss Your Dog Bite Injury Claim With Our Team

Since Illinois is a strict liability state for animal attacks, it doesn’t matter whether the dog has previously bitten others or not. In most cases, the dog owner is legally responsible for the economic damages and emotional trauma suffered by the victim. Our Illinois dog bite injury firm will ensure the at-fault party is held liable for your medical treatment costs, lost income, and other losses.

We work on a contingency fee basis, which means you owe us nothing unless we successfully resolve your claim. Whether you were hurt on private property or while walking down the street, our team can guide you through the claims process and fight for maximum compensation.

Contact dog bite lawyers in Chicago today to schedule a free consultation with an experienced attorney to discuss your legal options.