Illinois Dog Bite Laws

Illinois has a dog bite statute that makes owners liable without proof that they knew the dog was dangerous, subject to the defenses written into the law.

Illinois dog bite law at a glance

What Illinois law says

• 510 ILCS 5/16 makes the owner liable for the full injury when a dog attacks without provocation.
• The victim must have been acting peaceably in a place where they could lawfully be.
• Owners are also liable when dogs injure livestock (5/18.1) or assistance animals (740 ILCS 13/10).

Strict liability vs. the one-bite rule

Under a strict liability statute, the owner is responsible for the injury even if the dog never showed aggression before and the owner was careful. The victim does not have to prove the owner knew the dog was dangerous; the main defenses are the ones written into the statute, such as provocation or trespassing.

Dangerous dog rules in Illinois

• A dangerous dog posed a serious unjustified threat off its property or bit without justification without serious injury (5/2.05a); a vicious dog caused serious injury or death or was found dangerous 3 times (5/2.19b).
• A vicious dog must be spayed or neutered within 10 days, microchipped and kept in an enclosure; the owner pays a $100 fine (5/15).
• A dangerous dog must be sterilized within 14 days and microchipped; the owner pays a $50 fine and may face training or muzzle orders (5/15.1).
• Breed-specific classifications are prohibited, and owner violations that lead to serious injury or death are felonies (5/26).

Deadline to file a claim

Justia's 50-state survey lists 2 years as the general personal injury deadline (statute of limitations) in Illinois. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

1. Get medical care, even for a small puncture; bites can become infected.
2. Get the owner's name, contact details and the dog's rabies vaccination status.
3. Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
4. Photograph the injuries and the location, and write down witness names.
5. Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in Illinois leash laws.

Sources

1. Michigan State University Animal Legal & Historical Center: Illinois dog laws
2. Justia: Dog bite laws, 50-state survey
3. Michigan State University Animal Legal & Historical Center: Dog bite strict liability statutes