Illinois Dog Bite Laws

Dogs are our stalwart companions, our brave protectors, and our best friends. It's a sad truth that sometimes they can hurt us as well, as any dog bite victim can tell you. Suffering a dog bite attack is traumatic. It's not much easier for the dog's owner either, who now must wonder about the fate of their beloved pooch.

There are no winners when a dog bite occurs. Illinois dog bite laws attempt to balance protecting victims of dog bite injuries while also showing compassion and understanding for the dog's owner. In this article, we'll look at the laws surrounding dog bite incidents, examine who is responsible for injuries caused by a dog, figure out who pays for the medical expenses, and determine what happens to a dog after it bites someone.

Read on to learn about these subjects and much more concerning Illinois dog bite laws.

Animal Control Act Overview

With over 4.5 million dog bites occurring each year in the United States, every state has measures in place to deal with the aftermath of dog attacks. Illinois dog bite laws are covered in the Illinois Animal Control Act, which was created in 1973 and has been revised numerous times. While the Act sets out laws and statutes at the state level, it also allows municipalities to enact restrictions and rules.

For example, while there is no statewide leash law in Illinois, in Chicago, dogs are required to be on a leash if they are off the owner's property. Even if your dog doesn't do anything wrong while off leash, you face a $300 base fine for the violation.

All dog bites must be reported to the local animal control authority within 24 hours. Any physician who treats a dog bite injury must file a report. All dogs must have proper vaccinations, registration tags, and collars. Dog owners are fined for violations.

After a Dog Bites — Who Is Liable?

Before we get into assigning fault, it's important to understand that if you're a dog bite victim, your priority is to seek medical attention. Dog bites carry a high risk of infection, so getting proper medical care is essential.

The state of Illinois uses a strict liability policy regarding dog bites. Aside from specific instances, the dog's owner is liable for the medical bills. This is often covered by your homeowners' insurance or renter's insurance but check your insurance policy to be sure.

The dog's owner can also be sued in civil court to recover additional civil damages for reasons including:

• Severe physical injuries
• Pain and suffering
• Loss of wages
• Emotional distress

With complicated dog bite cases, dealing with everything involved can rapidly become overwhelming. If you're recovering from your dog bite injuries and need legal advice, consider speaking with a dog bite attorney.

Vicious Dogs and Dangerous Dogs

The Animal Control Act has classifications that are assigned to dogs that display certain violent traits. A dog is considered to be a dangerous dog if either of the following occurs:

• While off the owner's property, behaves in a manner that poses a serious and unjustified imminent threat of serious physical injury or death
• Without justification, bites a person and does not cause a serious injury

The burden of proof is on the official claiming that the dog is dangerous and requires a preponderance of evidence.

Classification as a vicious dog requires either of the following:

• Without justification, the dog attacks a person and causes serious physical injury or death
• Any individual dog that is a dangerous dog on three separate occasions

In addition to paying fines and additional fees, owners of vicious dogs face additional requirements:

• The dog is spayed or neutered, if necessary.
• The dog is kept in an appropriate enclosure.
• If not in an enclosure, the dog must wear a muzzle.
• If the owner moves or transfers ownership of the dog, the appropriate officials must be informed.

No dog can be classified as either dangerous or vicious if their dog bite injury incident includes any of the following:

• The dog bite victim was trespassing on private property.
• The dog bite victim was assaulting, physically threatening, or abusing the dog or its offspring or had done so in the past.
• The dog was responding to injury or defending its owner.

If any of the above apply, the strict liability statute will not apply to the dog's owner.

Overview of Illinois Dog Bite Laws

In the table below, you'll find a recap of dog bite laws in Illinois as well as links to applicable statutes. While reading an overview can help you better understand the law, please remember to also read the actual statute and consult with an attorney if you have questions.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Other Questions About Illinois Dog Bite Laws

Details will differ between dog bite cases, but often, there's common ground shared in numerous situations. Below find helpful answers to some frequently asked questions about dog bites in the state of Illinois.

Does Illinois use the one-bite rule?

The one-bite rule allows owners to escape liability if their dog has no history of violent or aggressive behavior before biting someone. In simple terms, a dog gets a free bite before it's considered either a dangerous dog or a violent dog.

While some states follow this doctrine, Illinois does not. As long as the bite is unjustified, you are responsible for any bite your dog inflicts.

My neighbor's dog bit me. Will it have to be quarantined?

First, seek medical attention at once, no matter how minor the bite seems. Get the contact information of the dog's owner and any witnesses. File a dog bite claim with local law enforcement and report the bite to animal control or the local Department of Health.

All dogs that bite someone in Illinois are quarantined for rabies observation. This is a matter of public safety, and the usual time period is 10 days. If the dog is not considered dangerous or violent, the owner can quarantine at home. Before release, the dog gets evaluated and examined by a licensed veterinarian and microchipped if necessary.

Can my insurance company deny me a policy because I have pit bulls?

Companies writing insurance policies in Illinois cannot refuse based on a dog's breed. This became law in Illinois in January 2024. Each policy is determined on an individual basis, and no breed-specific legislation is permitted.

Some municipalities have stricter rules and requirements for certain breeds.

My friend is a 'reckless dog owner.' What does that even mean?

A reckless dog owner is someone who owns a dog that, while anywhere other than upon their private property and without justification, kills another dog that results in that dog being deemed a dangerous dog under the Animal Control Act and who knowingly allows the dog to attack again on two or more occasions within 12 months of the incident for which the dog was deemed dangerous.

Reckless dog owners face fines and criminal charges that range from misdemeanors to felonies.

Illinois Dog Bite Laws: Related Resources

If you'd like additional information and resources related to this topic, you can visit the links listed below.

• Illinois Accident and Injury Laws
• Dog Bite Laws by State
• Dog Bites and Animal Attacks
• Animal Attack and Dog Bite Claim Resources

Learn More About Illinois Dog Bite Laws: Speak With a Local Attorney

Being attacked by someone's pet dog can be a traumatic experience, and making sure your medical bills get covered is important. Contact a dog bite attorney to find out how Illinois dog bite laws apply to your unique situation and what legal rights you have.

If your dog causes a dog bite injury, a personal injury attorney who specializes in dog bite defense cases can make a huge difference for you and your canine companion. Having a dog bite lawyer familiar with the Animal Control Act can help get your buddy out of the doghouse.