As a dog owner in Illinois, you should be aware of your rights as well as your responsibilities. Illinois has a state law, the Animal Control Act, that holds dog owners strictly liable for injuries caused by their pets. The law reads as follows:
(510 ILCS 5/16)
Animal attacks or injuries.
If a dog or other animal, without provocation, attacks, attempts to attack, or injures any
person who is peaceably conducting himself or herself in any place where he or she may
lawfully be, the owner of such dog or other animal is liable in civil damages to
such person for the full amount of the injury proximately caused thereby.
Summary:
This statute essentially allows an injured party to recover monetary damages from an animal owner if they are injured by that animal. This includes, but is not limited to dog bites. The statute does not require that the pet owner act negligently or require that the pet owner is aware of the animal's propensity to attack or injure. The only requirements are that you must own the animal, there not be provocation or trespass, the injured party peaceably conduct himself or herself and there be an injury.
What constitutes an "owner":
The statute states that the owner may be liable in civil damages. Owner is previously defined in the Animal Control Act as:
"Owner" means any person having a
right of property in an
animal, or who keeps or harbors an animal, or who has it
in his
care, or acts as its custodian, or who knowingly permits a dog to remain
on any premises occupied by him or her. "Owner" does not include a
feral cat caretaker participating in a trap, spay/neuter, return or
release program.
Section 2.16
Landlords that allow dogs to reside on their property with tenants are not typically considered owners. However, if you relinquish control of your dog to a veterinarian, dog walker or dog groomer, they may be considered an owner under the statute.
Without Provocation:
If a dog is a provoked, generally the owner of the dog will not be held liable for civil damages. Provocation typically takes the form of hitting or otherwise injuring the dog. However, things like accidentally stepping on a dog's tail may also include provocation. Dog owners should consider that even if they cannot be held liable under the Animal Control Act, they may be held liable under a theory of negligence.
Other Defenses:
If the injured person assumed the risk of being bitten, was trespassing or was otherwise breaking the law, the dog owner may not be liable under the Animal Control Act for civil damages.
If you were bitten by a dog, or your dog bit someone, and you have questions about liability, you should call an experienced dog bite attorney.
We accept calls and offer free consultations at Freeman Kevenides Law Firm, LLC. Ask for Heather Owen at (312) 629-1901.
