There’s a common assumption that if a dog owner violated a leash law before an attack, the legal case is open and shut. Although a leash law violation can absolutely strengthen a dog bite claim in Chicago, the relationship between leash laws and liability in Illinois is more nuanced than most people think.
Learning about how these laws work together can help you make informed decisions about your case going forward. Read on to learn more so that you can recover the compensation you need and deserve.
Leash Laws in Illinois
Unlike many states, Illinois does not have a statewide leash law. Instead, the authority to create and enforce leash requirements falls to individual cities, counties, and municipalities. These local ordinances vary from one community to the next, but most require dogs to be on a leash whenever they are off the owner’s property or in a public space.
For example, Chicago requires all dogs to be leashed when outside the owner’s premises, and owners who violate that rule face a base fine of $300. Dogs that have been designated “dangerous” or “vicious” under the Illinois Animal Control Act face even stricter requirements, including mandatory muzzling and short-leash restraints whenever they are in public.
How Leash Law Violations Can Strengthen a Dog Bite Claim
If a dog owner fails to follow a local leash ordinance and their dog attacks someone, that violation can serve as powerful evidence in a personal injury claim. In legal terms, violating a law that was designed to protect public safety can establish what is known as “negligence per se.” Rather than having to prove the owner acted carelessly through other evidence, the ordinance violation itself can demonstrate that the owner fell below the standard of care expected of them.
A leash law violation can also make it harder for the defense to argue that the attack was unforeseeable. If the dog was running loose in violation of a local ordinance when the bite occurred, it becomes much more difficult for the owner to claim they took reasonable precautions to prevent the incident.
Illinois’s Strict Liability Standard Still Applies
That said, a leash law violation is not required to hold a dog owner liable in Illinois. State law imposes strict liability on the owner of any dog that attacks or injures a person, as long as the attack was unprovoked and the victim was lawfully present. You do not need to prove that the owner was negligent or that the dog had a history of aggression.
What this means in practice is that leash law violations can strengthen an already compelling claim, but the absence of a violation doesn’t prevent you from recovering damages.
Contact a Trusted Dog Bite Attorney for a Free Consultation
Illinois’s leash laws can vary depending on exactly where you are in the state. In any event, however, the strict liability standard that Illinois follows means that dog owners can be held legally responsible regardless of whether a leash ordinance was violated.
Schedule a free consultation with Meyers & Flowers today to get started with your case at (630) 576-9696. We have over 100 years of combined experience and have already secured billions of dollars for our clients.