Who Pays if I Am Bitten By Someone’s Dog in Illinois?

 Posted on April 23, 2025 in Personal Injury

Dog bite incidents can have serious physical, emotional, and financial consequences, leaving victims wondering how they will pay for medical expenses, lost wages, and more. In Illinois, premises accidents, like dog bite cases, are governed by specific laws designed to hold the at-fault party responsible for the resulting damages. If you were bitten by someone’s dog and sustained significant injuries, a knowledgeable Aurora premises accident attorney can explain the avenues to justice and compensation available in your case. 

What Is Illinois’s Strict Liability Law?

In personal injury cases involving dog bites, states generally either apply one-bite laws or strict liability laws. In a one-bite law state, you often have to prove that the owner was careless with their dog. However, in a strict liability state, dog owners are liable any time their dog bites someone on public or private property, as long as the person was lawfully present. 

Illinois statute 510 ILCS 5/16 applies the rule of strict liability to dog bites, giving dog bite victims a straight path to compensation and holding dog owners accountable for the damages their pets cause. If you suffered a dog bite, you are probably able to file a claim against the owner unless the incident occurred under specific circumstances that would relieve the owner of responsibility.

When Could the Dog Owner Not Be Liable?

Exceptions to the strict liability laws regarding dog bites in Illinois include:

• The person who was attacked provoked the dog

• The person who was attacked was unlawfully present on the premises when the attack happened

• The dog was defending itself or its owner from harm

Hitting or threatening the dog would typically count as provocation; unlawful presence generally means trespassing. This does not always mean you need explicit permission from the owner to be on the property in order for the owner to be liable for a dog bite, however. For example, if you were attacked while delivering a package or reading a water meter, you would be considered lawfully present.

What Should You Do in the Aftermath of a Dog Bite Incident?

In the immediate aftermath of a dog bite incident, you can take several steps to protect your claim. The most important step is to seek medical attention right away. Regardless of the severity of the bite, you could get an infection. Seeing a doctor as soon as possible protects your health and establishes a medical record that you can use to support your claim. 

Report the attack to the police or animal control to further document the attack and stop the dog from attacking anyone else. Then, contact an experienced personal injury lawyer to discuss the case and the legal options available to you. You will likely know within the first meeting whether you have a strong case for compensation.

Talk to Our Kane County, IL Dog Bite Attorneys Today

If you were recently injured in a dog bite accident and want to know what you can do to recover the cost of your medical bills, lost wages, and pain and suffering, our Aurora, Illinois dog bite accident lawyer at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. will help you understand your legal options. Our legal team is among the top five percent of all lawyers in Illinois by peer review, and we are here to serve you. Call 630-907-0909 to schedule a free consultation.