Illinois doesn’t follow the one bite rule for dog bites. Instead, it follows a strict liability standard, meaning a dog owner is liable for the injuries his or her dog causes, regardless of the pet’s previous behavior. Dog bite incidents can be physically and emotionally traumatic. A solid understanding of Illinois dog bite laws is essential to building a compelling claim, recovering damages, and protecting your interests in Chicago.
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If you were injured by a dog in Chicago, call Ankin Law dog bite lawyers at 312-600-0000 to discuss your legal options.
Understanding the One Bite Rule in Illinois
Dog bite cases are among the most common personal injury examples. The one bite rule is the legal standard followed in several states. Under the rule, dog owners are only liable for the injuries caused by their dogs if they knew or should’ve known that the dog had dangerous tendencies. However, the rule isn’t applicable in Illinois.
Illinois imposes strict liability for dog bite cases. Under the strict liability framework, owners are liable for the injuries caused by their dogs, regardless of the dog’s prior behavior. A dog owner can be held liable for injuries even if the dog has no previous history of aggressive behavior or biting.
A victim must have been lawfully present at the location at the time of the dog attack. A victim must also not have provoked the dog. If these conditions exist, a dog owner will be strictly liable for the harm caused by the dog, including both physical and emotional harm. That answers the question, “When can you sue for emotional distress” after a dog bite incident in Illinois.
Legal Implications of Dog Bites in Illinois
According to the Insurance Information Institute, Illinois was among the top ten states in the country by estimated number and cost of dog bite claims in 2024. In one bite states, dog owners can escape liability if the dog has no history of biting or aggression. The owner may not be held liable for the first dog bite incident. Proving that an owner knew or should’ve known of a dog’s dangerous tendencies can be challenging when determining liability when dangerous dogs attack in one bite states. Illinois’ strict liability laws simplify the process of recovering compensation after dog bite incidents.
Under the strict liability standard, a victim doesn’t have to prove that the owner knew about the dog’s past aggressive behavior. It may also be unnecessary to prove that the owner’s negligence caused the incident. However, teasing, threatening, poking, or hitting could disqualify a victim from recovering compensation, as such actions would be considered provocation. Trespassers also won’t be able to recover compensation. Dog owners or their insurers may use provocation or trespassing as defenses against your dog bite claim in Illinois. A dog owner can’t use a lack of prior knowledge of his or her dog’s aggression as a defense argument in a dog bite case in Illinois.
Hiring a Dog Bite Attorney in Illinois
Although the strict liability framework makes it easier for victims to seek compensation compared to the one bite rule, you may still face a number of challenges. For example, insurance companies often try to deny claims or minimize payouts. Hiring a dog bite lawyer can be highly advantageous. A dog bite lawyer in Illinois will help with a number of tasks, including:
- Guiding you through the entire claims process
- Identifying and securing evidence that strengthens your case
- Preparing a strategy to effectively counter defenses raised by a dog owner or insurance company
- Establishing the value of your claim and the appropriate damages you should pursue
- Negotiating with the dog owner’s insurer
- Representing you in court
Hire a dog bite attorney if you sustained injuries, the dog owner has denied responsibility or blames you for the incident, or the insurance company has denied your claim or offered a low settlement.
Choosing the Right Attorney
States have different dog bite laws. Therefore, choosing a local lawyer is crucial. Check the lawyer’s online reviews and ratings. The lawyer you hire should be one you’re comfortable working with, so be sure to pay attention to how he or she treats you and answers your questions during the initial consultation. Experience in dog bite cases is a crucial factor, so it’s best to work with a personal injury lawyer rather than a general practitioner.
Cost of Hiring an Attorney in Chicago
The good news is that experienced dog bite attorneys don’t charge upfront fees. They only charge attorney fees after successfully resolving your dog bite case. Therefore, there’s no risk in hiring an experienced dog bite attorney.
At Ankin Law, we have over 100 years of combined experience handling dog bites and other personal injury cases throughout the Chicagoland area. We offer free case evaluations and don’t charge legal fees unless we win fair compensation for you. Contact us to schedule a free consultation.
