Illinois Dog Bite Laws

Illinois is a wonderful place for people who love to explore the outdoors. The state also offers pet-friendly locations, making it ideal for pet owners to partake in various adventures with their beloved animal companions. One can explore Starved Rock State Park in Oglesby for a hiking experience with their dog in the wilderness. Another recommendation would be to take a stroll along the Montrose Dog Beach in Chicago and enjoy the refreshing breeze. 

However, exploring the pet-inclusive locations in the Prairie State is not without danger. In fact, Illinois rated second-highest among all states in terms of dog bite claim payouts in 2022 — a position it had held more than a decade ago in 2013. This rise in claims for dog-related injuries highlights the strict liability laws and heightened responsibility placed on pet owners. 

This article aims to offer a comprehensive understanding of dog bite laws in Illinois. It will explore various topics, including the statute of limitations, liability standards, breed-specific legislation, and civil and criminal penalties. This page will also provide practical insights into dealing with dog bite injuries and handling the legal procedures for pursuing compensation. 

Dog Owner Responsibilities in Illinois

Being a responsible dog owner involves more than simply providing the pet’s basic needs, such as a safe living environment, adequate nourishment, and healthcare. A dog owner must also possess general knowledge of the laws and regulations, encompassing adherence to lawful treatment of the dog and due diligence for people’s safety in the neighborhood. 

The statutes pertaining to pet ownership can vary by county. These mandates include standards involving the following: 

• Rabies vaccination: In accordance with the terms set by USDA vaccine licenses, dogs 4 months of age and older must receive rabies vaccinations from a licensed veterinarian. 

• Spaying and neutering: In Rock Island, dog owners must have their pets spayed or neutered before the age of 6 months, unless an exemption is allowed by an approved registry like a breeders’ association or a licensed veterinarian. 

• Noise control: Each county enacts different ordinances regarding excessive dog barking and imposes fines ranging from $25 to $200.

• Containment and leashing: Dogs must always be restrained or caged. Dogs found running loose may be impounded, and the owner may face legal consequences. West Chicago, for instance, requires payment of up to a $50,000 fine, potential community service, or imprisonment. 

• Waste disposal: Dog owners in Lockport must clean up their pets’ waste. Violating the regulation can lead to fines between $50 and $1,000.

Breed-Specific Legislation in Illinois

In 2006, Illinois passed a bill, SB1790, which amends Animal Control. The implementation of this bill varies across cities. 

Some municipalities have implemented total prohibition ordinances on specific dog breeds within their jurisdiction. Others have classified specific dog breeds as dangerous dogs and require dog owners to comply with certain licensing and safety requirements. These requirements include confining the dog in a special enclosure at all times, affixing an orange tag to the dog’s collar, maintaining canine liability insurance, and displaying property warnings to the public about the dog’s presence. 

There are also cities in Illinois that passed breed-specific ordinances but have since repealed them, including Chicago, Granite City, Morris, Park City, and Salem. 

Under SB1790, the following breeds are classified as dangerous dogs, regardless of any prior aggressive behavior: 

• Pit Bull.

• Rottweiler.

• German Shepherd.

• Siberian Husky.

• Alaskan Malamute.

• Doberman Pinscher.

• Chow Chow.

• Great Dane.

• St. Bernard.

• Akita.

While the bill has been controversial, proponents argue it is necessary for public safety. According to a study conducted within a 15-year span, pit bull dogs accounted for 66.4% of dog bite fatalities in the United States. This highlights the breed's potential danger and encourages people to focus on the importance of responsible dog ownership and handling.

Liability Standards in Illinois Dog Bite Cases

Illinois dog owners are held to strict liability standards under 510 ILCS 5/16 of the Animal Control Act. The statute imposes that dog owners are entirely responsible for the civil damages caused by their dogs, regardless of the owner’s negligence or the dog’s lack of a prior aggression record. 

The categorization of “dog owners” extends beyond legal owners to include persons who possess control or custody over the dog, act as the dog’s caregiver, or knowingly allow the dog to be on their property at the time of the incident. Liability may also be placed on these individuals. 

The injured victim must satisfy the following elements to establish a viable dog bite case:

• The victim sustained an injury inflicted by the dog owned or cared for by the defendant. 

• The victim did not intentionally provoke or was not behaving in a threatening manner that would have prompted the dog to attack.

• The victim was in a lawful location, whether the incident occurred on public or private property.

Not every case of dog bite injury results solely in the legal responsibility of the dog owner. Illinois has also adopted the reasonable dog standard, which assesses the dog’s behavior based on how a normal dog would have reacted in a similar situation and what people would consider reasonable. Because of this, many dog owners argue against their liability or justify the dog’s actions by utilizing defenses through provocation, creating disturbance, or trespassing. 

The statute also sheds light on dog breed discrimination, leading to unfavorable legal outcomes. Such bias includes widely held assumptions that smaller dog breeds like Pit Bulls, Chihuahuas, and Dachshunds have an innate tendency towards aggression. 

Statute of Limitations in Illinois for Dog Bite Cases

Pursuant to 735 ILCS 5/13-202, a dog bite injury victim has a two-year timeframe, starting from the day of the incident, during which they can seek compensation for their damages in Illinois. The dog bite victim has the option to either pursue compensation through an out-of-court settlement or initiate a legal proceeding to obtain a court judgment.

Initiating the paperwork immediately is strongly advised, considering the potentially time-consuming nature of pursuing a claim process. A claim usually involves filing the report, collecting evidence, obtaining witness statements, keeping a record of the medical expense, acquiring a trustworthy dog bite attorney, and coordinating with insurance companies.

Civil Penalties for Dog Bites in Illinois

Liable dog owners may face civil penalties in the form of fines for violations of public safety regulations or restitution to recompense the victim for the damages inflicted by their dog. The penalties may be enforced through an out-of-court settlement, a judicial process, or a jury trial.

Legal action against the dog owners could bring about compensation for the victim’s medical fees, pain and suffering, property damage, and lost earnings. When determining civil penalties for compensation, several factors are considered in Illinois. These include the extent of the injuries, the long-term implications of the damages, and the exact circumstances surrounding the incident.

Though victims are entitled to the full amount of compensation under strict liability standards, if a victim is found to be more than 50% at fault, the case may be resolved in favor of the dog owner’s defense. This is due to the modified comparative negligence system implemented by the state as the legal basis for recovering damages.

Criminal Penalties for Dog Bites in Illinois

Incidents resulting in serious physical injury or death are punishable by criminal penalties, as per Illinois dog bite laws. Noncompliance with ordinances and safety regulations for dog owners also constitutes a criminal offense, especially in cases where the dog has been classified as vicious or dangerous.

The dog owner can face either misdemeanor or felony charges, depending on the nature of the offense. Municipalities have varying ordinances regarding dog ownership. One should be familiar with the regulations in their area. 

The distinction between a misdemeanor and a felony lies in the severity of the crime and the corresponding punishments. Misdemeanors encompass less severe offenses with milder penalties, such as a maximum jail sentence of one year in the county jail, community service, fines, or probation. In contrast, felonies entail the gravest offenses with the harshest penalties. An example includes long-term and potentially extended imprisonment terms in the Illinois Department of Corrections. 

Reporting and Handling Dog Bite Incidents

Following a dog bite incident, it is vital for the victim to receive immediate medical care. Even if the bite is minor, seeking medical attention guarantees that the wound will be thoroughly cleansed and protected against infection. 

It is also imperative for the victim to contact the local police and Animal Control authorities to get started on investigating the dog attack. The investigation will involve the officials confining and monitoring the dog for diseases such as rabies. The dog's vaccination records will also be checked to determine if the injured person needs further medical treatment. By reporting the incident, the victim can prove the dog owner’s liability and pursue compensation. 

If possible and safe, photos or videos of the incident should be taken as evidence. It is also helpful to gather the dog owner's and witnesses' names and contact information. The victim can retain a dog bite attorney to handle the case, allowing them to concentrate on their recovery. 

The responsibility of reporting the dog bite to authorities also lies with the dog owner. Failure to report the incident, along with attempting to hide the dog and disregarding the authorities’ instructions, could lead to legal consequences. 

How To Find a Dog Bite Attorney in Illinois

If you are a dog bite victim, you may want to seek a lawyer to efficiently and successfully recover damages after a dog attack. While dog owners bear full responsibility for your injuries, no matter how minor, the owner could build a strong defense to establish that you were at fault. 

Look for a competent dog bite lawyer to guide and represent you through the complexities of the legal process and difficult settlement negotiations. You may browse through this directory of dog bite attorneys to locate a professional near your area. 

Other Resources for Dog Bite Victims in Illinois

Animal Legal and Historical Center

Operating under the Michigan State University College of Law, the Animal Legal and Historical Center gives people access to a wide variety of legal materials about animal law. Its website has links to state-specific statutes, full-text cases, and news articles. 

Illinois Legal Aid Online

This nonprofit organization is dedicated to helping individuals understand their legal options and make informed decisions. ILAO offers web-based self-help tools like guide articles about dog bites and automated document programs. The organization also has a Get Legal Help tool that enables Illinoisans to input their concerns. The program provides a list of relevant services or resources, including information on how to apply, its cost, and eligibility criteria.

Chicago Animal Care & Control

The Animal Care & Control Department takes on reports involving pet wellness concerns, wildlife and stray animals, nuisance complaints, and animal bites in Chicago. For bite incidents, the CACC conducts further investigations. Reach out to their designated helpline at 311 or visit their website to request a service. 

ABA Free Legal Answers - Illinois

Illinois Free Legal Answers is an online platform for qualifying low-income individuals to seek advice and information from a lawyer. To use the platform, the user must meet the income criteria to create an account and have the ability to submit inquiries on the website. The eligible user will get a notification via email once the question receives an answer. To view the reply, the user must revisit the website and log in to their account.