The One Bite Rule vs. Statutory Claims

According to the Centers for Disease Control, more than 4.7 million Americans are bitten by dogs each year. An estimated 386,000 of those bitten seek treatment in an emergency room. More than half of all dog bite victims are children; those aged between five and nine years old are the most likely to be bitten.

Those who have been injured by dogs have important legal rights available to them, including the right to seek compensation for their injuries from the dog's owner. The common law required an owner to have knowledge of a dog's dangerous propensities before it would impose liability for damages caused by his or her animal. This was known as the "one-bite" rule, because owners generally escaped liability if their animals previously had not bitten someone.

The majority of states, however, including Illinois, have passed dog bite statutes that allow injury victims to recover compensation from the dog's owner regardless of whether the owner had knowledge of the animal's dangerous propensities. In some states, these strict liability laws have completely replaced common law claims. In other states, injury victims can choose which type of claim to bring.

The Illinois Animal Control Act

Under Illinois law, victims of dog bite injuries may bring a common law negligence claim or a statutory claim under the Animal Control Act. Most plaintiffs prefer to sue under the ACA because it does not require victims to prove that the dog owner's negligence caused their injuries.

The Animal Control Act provides for owner liability in situations when:

"[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."

Thus, in general, the plaintiff in a dog bite injury case must prove the following to recover compensation:

  • The defendant is the owner of the dog
  • The dog was not provoked
  • The plaintiff's conduct was peaceable
  • The plaintiff had a right to be at the location where the incident occurred
  • The dog's acts caused injury to the plaintiff

Defendants in dog bite actions brought under the ACA may have a valid defense if they can prove that the plaintiff:

  • Provoked the animal into attacking
  • Trespassed onto private property at the time of the incident
  • Committed or was in the process of committing an illegal act at the time of the incident

The ACA permits recovery not only when a dog bites a person, but also in instances when the animal injures a person or attempts to attack. For example, if a dog chases a child and the child falls down and breaks his or her arm, the dog owner may be liable for the child's injuries. If the injury is not the result of a direct attack or bite, then the plaintiff must prove that the injury occurred as a direct consequence of the dog's acts.

Who is an "Owner" under the Act?

For purposes of the Act, the "owner" of a dog includes anyone who exercises some degree of care, custody or control over the animal. This broad definition means that individuals other than those who are the actual owners of the animal — including pet sitters, dog groomers and boarders, dog walkers and even landlords — may be subject to liability for the dog's bad acts.

Government agencies, too, are not immune from liability when dogs under their care, custody or control harm people without provocation. For example, if a police dog bites an innocent bystander or a dog held at the city pound attacks someone, the injured person may bring a claim against the responsible agency.

Mandatory Observation Period

Under Illinois law, notice of a dog bite must be provided promptly to the state health administrator. The administrator then will arrange to have the dog taken in for observation by a state licensed veterinarian for a minimum of 10 days. If the owner has proof that the dog has a current vaccination for rabies, then the animal's confinement may occur at the owner's home.

During the confinement period, the dog's owner may not sell or give the animal away, have it euthanized or otherwise dispose of it until the state administrator has released the animal.  

Available Damages

Some of the damages available to dog bite victims may include:

  • Past and future medical expenses
  • Lost wages
  • Property damage losses
  • Permanent disfigurement
  • Disability
  • Pain and suffering

In addition, families who have lost a loved one may also have the right to bring a wrongful death claim against the responsible animal's owner for their loss.

Successful plaintiffs most often recover damages from a dog owners' homeowner's insurance policy. They may, however, also recover from renters, automobile or dog ownership policies. In cases where the owner lacks sufficient insurance to cover all of the damages or does not have an applicable insurance policy, he or she must pay the victim's damages out-of-pocket.

Contact an Attorney Today

If you or a family member have been bitten, attacked or otherwise injured by a dog, you have legal options available to you. Illinois law provides dog bite victims with the right to recover full compensation for all of the injuries caused by a dog's acts. Victims generally have a two-year window from the date of the injury to file a dog bite claim, but if the dog was owned by a city or local government agency, there may be less time to file the claim. For more information, contact an experienced attorney today.