Illinois Dog Bite Law: When Is the Owner Responsible?

Dog attacks cause deep puncture wounds, nerve damage, infections and scarring, and they are especially dangerous for children. Illinois law strongly favors the injured person in these cases, but the claim still has to be proven and the insurance company will look for ways to deny it.

The Illinois Animal Control Act

Section 16 of the Animal Control Act (510 ILCS 5/16) provides that if a dog or other animal, without provocation, attacks, attempts to attack or injures a person who is peaceably conducting themselves in a place where they may lawfully be, the owner is liable in civil damages for the full amount of the injury.

The four things you must show

• An injury caused by an animal owned (or kept or harbored) by the defendant.
• Lack of provocation.
• You were acting peaceably.
• You were in a place you had a legal right to be.

Notice what is missing: you do not have to prove the owner was careless or knew the dog had bitten before. That is why Illinois is considered a strict liability state for dog attacks.

Who counts as an “owner”?

The Act defines owner broadly. It includes a person who keeps or harbors a dog, has it in their care, or knowingly permits it to remain on property they occupy. A friend dog-sitting, a relative who lets the dog live in their home or a business that keeps a dog on site may all qualify.

What counts as provocation?

Provocation is the defense insurers raise most often. Courts look at the whole situation, including whether the dog’s reaction was out of proportion to what happened. A child who accidentally steps on a tail and is then mauled is a very different case from someone who deliberately hit the dog. These questions are fact-specific, so witness accounts and the scene matter.

Not just bites

The statute covers an animal that “attacks, attempts to attack, or injures.” Runners and cyclists knocked down by a charging dog, and people injured jumping away from an attack, may have claims even without a bite.

Deadlines, children and who pays

• Adults generally have two years from the attack to file a lawsuit in Illinois.
• For children, the deadline is generally extended until two years after they turn 18, but families should not wait: evidence and witnesses disappear.
• Homeowners and renters insurance policies usually cover dog-bite liability, which means you are typically dealing with an insurer, not taking money from a neighbor’s pocket.

What to do after a dog attack

• Get medical care right away. Dog bites have high infection rates.
• Report the bite to local animal control so the dog’s vaccination status is confirmed.
• Photograph the wounds over time as they heal, along with the location and the dog if it is safe to do so.
• Get the owner’s name, address and insurance information, and the names of any witnesses.

Tober Law has recovered for families harmed by dog attacks, including an $825K settlement for a mother attacked by a pit bull. Learn more on our dog bite practice page or tell us what happened.