If you did nothing to provoke the dog and were lawfully on the area or property where the attack happened, you can sue for a dog bite in Illinois. Illinois has strict liability laws, meaning a dog owner can be held responsible for your injuries even if the dog has never bitten anyone before. To recover compensation for your losses, you must prove that the dog caused the injury. You can do this by producing relevant medical documentation, police/incident reports, surveillance footage of the bite incident, and pictures of your injury. With the right dog bite attorney on your side, you can get maximum compensation for lost wages, medical bills, and pain and suffering.
Call Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 for legal help after suffering a dog bite injury in Naperville, Illinois.
How Does Illinois Dog Bite Law Work?
Dog bite claims in Illinois fall under the Illinois Animal Control Act, which makes dog owners strictly liable for injuries their animals cause. Unlike some states that follow the “one-bite rule,” Illinois doesn’t require victims to prove the dog had a history of aggression. As long as you weren’t trespassing, provoking the animal, or otherwise breaking the law at the time of the incident, the dog’s owner can be held financially responsible for your injuries. This law applies whether the bite happens in a private home, on public property, or in a business establishment. Even if the owner posted a “Beware of Dog” sign, you may still be able to sue for your injuries.
How Common Are Dog Bite Lawsuits in Illinois?
Illinois consistently ranks among the top states for dog bite claims. In fact, State Farm lists Illinois as one of the top five states for the number of dog bite-related insurance claims each year. According to the Insurance Information Institute, dog bite claims nationwide result in hundreds of millions of dollars in settlements and verdicts annually, and Illinois contributes significantly to that total.
Dog bite lawsuits are especially common in urban and suburban areas like Naperville, Chicago, and Aurora, where close proximity between homes and frequent pedestrian traffic increases the risk of incidents. Most lawsuits are filed not out of spite, but to recover medical expenses, lost income, or reconstructive surgery costs, especially when the victim is a child. The prevalence of these cases reflects both the seriousness of the injuries involved and the clarity of Illinois law holding dog owners accountable.
How to Sue for a Dog Bite
Do your due diligence when choosing the best dog bite lawyer to help you sue for a dog bite. Your ideal lawyer should understand Illinois dog bite laws and regulations. This knowledge will increase your odds of receiving fair compensation.
Give your lawyer all the evidence you have, including the medical records and police reports. Your lawyer will draft a comprehensive demand letter and send it to the dog owner’s insurance company if there is one. Many dog owners have homeowners insurance, renter’s insurance, or separate dog bite liability policies that cover dog attacks.
On the demand letter, the lawyer will describe the bite incident, injuries suffered, and the compensation you seek, including lost wages, medical expenses, and pain and suffering. If the insurance company tries to contact you, don’t give any information without consulting your lawyer first, as the information you provide can hurt your case.
If the insurance company fails to provide adequate compensation for your dog bite injuries, your lawyer can help you file a lawsuit against the dog owner. You can file a lawsuit under the strict liability or the negligence clause.
Under the strict premises liability law, the dog owner is held accountable if the dog attacks or bites someone inside or outside the dog owner’s premises. In these instances, dog bite attorneys go for premises liability settlements.
You can also sue if the dog bite occurred because of the owner’s negligence. You must prove that the defendant harbored the dog that bit you and that the dog was not provoked. You must also prove that you were lawfully on the area or property where the bite happened.
Your lawyer will file a legal complaint outlining the case and serve it to the dog owner. The dog owner will get time to respond to the complaint. The case will then enter the discovery phase where both parties are given room to gather and exchange evidence, such as witness statements, medical records, and other relevant documents. The judge will render a verdict after the involved parties present all the evidence and arguments. The judge will then determine the amount of compensation if the judge rules in your favor.
Can You Sue the Dog Owner If There Was No Prior History of Aggression?
Because Illinois follows a strict liability law when it comes to dog bites, you can still sue the owner of a dog even if there is no prior history of aggressive behavior from the animal. Illinois law does not require proof that the owner knew the dog was dangerous prior to the attack. As long as the victim is not taunting the animal and is lawfully on the premises, the victim has a case.
Who Pays for Dog Bite Injuries in Illinois?
Typically, dog owners are liable for injuries caused by their dog biting someone. In some cases, their homeowner’s insurance can cover the bite, or some other type of insurance they carry covers dog bites. Ultimately, responsibility for covering the bite injury costs lies with the dog owner.
Can You Still Sue if the Dog That Bit You Belongs to a Family Member?
Regardless of your relationship to the dog owner, you can still hold them liable for the injuries you received after a dog bite. Illinois liability and negligence laws still apply to your case. You may be reluctant to pursue compensation due to your relationship to the dog owner, but doing so holds them legally responsible for their pet’s actions and may inspire them to prevent further bites in the future.
Does Illinois Require the Dog to be Put Down After a Bite?
Dogs are not automatically put down after a bite or attack in Illinois. Whether a dog is euthanized depends on:
- The severity of the bite
- The dog’s history of aggression
- Whether the dog is deemed dangerous or vicious under Illinois law
How Long Do You Have to File a Dog Bite Lawsuit in Illinois?
Typically, you have two years from the date of the attack to sue for a dog bite in Illinois. Failure to file within the time period may result in you losing your chances at compensation. There may be exceptions to this rule, such as: if the victim was a minor at the time of the attack, the victim had mental incapacities, or the dog owner is difficult to find.
At Chute, O’Malley, Knobloch, and Turcy, LLC, we handle dog bite cases in Naperville and surrounding areas. Our experienced attorneys will investigate your claim, file on time, and fight for the compensation you’re owed.
Call (312) 775-0042 today for a free case review.
