Is Illinois a one-bite state regarding dog bites?

Dog Bites - January 5, 2025

Unlike some states that follow the “one-bite rule,” Illinois imposes strict liability on dog owners for injuries caused by their pets. This means that dog owners can be held responsible for injuries caused by their dogs, regardless of whether the animal has a history of aggression.

At Horwitz, Horwitz & Associates, our Chicago dog bite lawyers understand the complexities of dog bite cases and are dedicated to helping victims recover compensation for their injuries. This blog will explain Illinois’ dog bite laws, how they differ from the one-bite rule, and what you can do if you’ve been bitten.

What is the one-bite rule?

The one-bite rule is a legal standard followed in some states. Under this rule, a dog owner may not be held liable for injuries caused by their dog unless the owner knew or should have known about the dog’s dangerous tendencies. Essentially, the first bite or aggressive action serves as a warning to the owner, and liability is only established if the owner fails to prevent further incidents.

Why Illinois is not a one-bite state

Illinois does not follow the one-bite rule. Instead, the state imposes strict liability for dog bites and other injuries caused by dogs. This means a dog owner can be held responsible for injuries even if the dog has never bitten anyone or shown aggressive behavior.

Illinois dog bite law: strict liability

Under Illinois’ Animal Control Act, a dog owner is liable for injuries caused by their dog if:

• The person injured was lawfully on the property or in a public place.
• The dog attacked, attempted to attack, or injured the person without provocation.

Key elements of Illinois’ dog bite law

• Lawful presence: Victims must be lawfully on the property or in a public place at the time of the attack. For example, a delivery person or guest is considered lawfully present, while a trespasser may not be.
• No provocation: The victim must not have provoked the dog. Actions like teasing, hitting, or threatening the dog could disqualify the victim from compensation.

Illinois’ strict liability law makes it easier for victims to recover compensation because it eliminates the need to prove the dog owner knew of their pet’s dangerous tendencies.

Defenses available to dog owners

While Illinois imposes strict liability, dog owners may still present defenses to avoid responsibility. Common defenses include:

• The victim provoked the dog: If the owner can prove the victim provoked the attack, they may not be liable.
• The victim was trespassing: Illinois law only protects those lawfully on the property or in a public place. Trespassers are typically excluded from recovering damages.

How Horwitz, Horwitz & Associates can help

At Horwitz, Horwitz & Associates, we have decades of experience handling dog bite cases under Illinois’ strict liability laws. Our skilled attorneys will:

• Investigate the circumstances of the attack.
• Gather evidence to support your claim.
• Negotiate with the dog owner’s insurance company.
• Represent you in court if necessary.

We are committed to securing the compensation you deserve for your injuries and holding negligent dog owners accountable.

Attacked by a dog? Call us to pursue justice and compensation.

To answer the question, “Is Illinois a one-bite state?”, the answer is no. Illinois follows a strict liability standard for dog bites, making it easier for victims to recover compensation without proving the dog’s prior aggression. However, these cases still require careful documentation and legal expertise to navigate defenses and ensure a fair outcome.

If you’ve been injured by a dog in Chicago, contact Horwitz, Horwitz & Associates at (800) 985-1819 for a free consultation. Let us help you understand your rights and fight for the compensation you deserve.