Can Landlords Be Liable for Dog Bite Injuries in Illinois?

Being bitten by a dog in Chicago is always a frightening experience, but it can become even more complicated when the attack happens on rental property. If a tenant’s dog injures you or your child in Illinois, you may be wondering who is legally responsible. While Illinois law generally places liability on the dog’s owner, there are situations where a landlord could be on the hook as well.

Learning about how the law works can help you determine your best course of action, so read on for the information you need to know.

Illinois Dog Bite Law

The Illinois Animal Control Act (510 ILCS 5/16) is the foundation of most dog bite claims in the state. Under this statute, the owner of a dog is strictly liable for injuries when the animal attacks or injures someone, as long as the victim was lawfully present and did not provoke the attack. This is a true strict liability standard, meaning the victim does not need to prove that the owner was negligent or that the dog had a history of aggression.

Importantly, the statute defines “owner” broadly. It includes not just the person who legally owns the dog but anyone who keeps, harbors, or has custody of the animal, or who knowingly allows it to remain on premises they occupy.

When a Landlord Could Be Held Liable in a Dog Bite Case

In most cases, landlords in Illinois are not responsible when a tenant’s dog bites someone. Liability typically falls on the tenant who owns the animal. However, there are limited situations where a landlord may share responsibility.

A landlord could potentially be liable if they:

• Harbored or cared for the tenant’s dog in a way that makes them an “owner” under the Animal Control Act, such as feeding, walking, or otherwise exercising control over the animal
• Knew the dog was dangerous based on prior complaints, previous bite incidents, or obvious signs of aggression, and failed to take reasonable steps to address the situation
• Retained control over common areas like hallways and parking lots where the attack took place, and allowed a known dangerous dog to access those spaces
• Had the authority under the lease to require removal of a dangerous animal but chose not to enforce that provision

The key factors courts tend to examine are whether the landlord had knowledge of the danger and whether they had the ability to do something about it. Without both of those elements, landlord liability is difficult to establish.

A Trusted Personal Injury Lawyer With Meyers & Flowers Can Help After a Dog Bite

If you were injured in a dog bite attack on rental property, there may be more than one party responsible for your damages. Since Illinois law defines “owner” broadly and landlord liability depends on the specific facts, setting up a free consultation with an experienced attorney is the best way to move forward.

Meyers & Flowers has won over $6 billion for our clients and works on a contingency fee basis, so you only pay if we recover compensation for you. Call us today at (630) 576-9696 to get started with your case.