If a child is bitten by a dog in Illinois, the dog’s owner is strictly liable for the resulting injuries under the Illinois Animal Control Act (510 ILCS 5/16). That means the family does not need to prove the owner was careless or that the dog had ever been aggressive before. As long as the child was not trespassing and did not provoke the animal, the owner is responsible for covering the full extent of the harm.
Families can file a Chicago dog bite injury claim for medical expenses, pain and suffering, emotional trauma, scarring, and more. Most dog bite claims are covered by the owner’s homeowner’s or renter’s insurance.
However, the dog owner’s insurance company is unlikely to pay the full value of a child’s claim without a fight. Learn more about how you can recover all of the compensation you’re entitled to below.
Illinois Strict Liability and How It Applies to Children
Under the Animal Control Act, a dog owner is liable whenever their animal attacks, attempts to attack, or injures a person who is peaceably conducting themselves in a place where they are lawfully allowed to be. The victim does not need to show that the owner knew the dog was dangerous. There is no “one free bite” rule in Illinois.
The only major defense available to the dog’s owner is provocation. However, Illinois law provides an important additional layer of protection for young children. Children under the age of seven are generally presumed incapable of provoking a dog. This makes it significantly harder for the owner or their insurance company to shift blame onto the child in order to deny the claim.
Why Children’s Dog Bite Claims Often Carry Greater Value
Dog bites can cause devastating injuries to children, both physically and emotionally. As children are smaller and more vulnerable, bites frequently occur on areas like the face and head, which can lead to permanent complications. The psychological impact can be equally severe, potentially leading to lasting anxiety and fear of animals.
Illinois does not cap non-economic damages in most personal injury cases, so compensation for a child’s injuries can reflect the full scope of the harm. Factors that influence the value of a claim include:
- The severity of the physical injuries and whether surgery is needed
- Visible scarring or disfigurement, particularly to the face
- Emotional distress, including diagnosed conditions like PTSD or anxiety
- Ongoing medical treatment and therapy costs
- The impact on the child’s daily life and development
A dog bite lawyer can provide more personalized information during a free consultation.
Who Can Be Held Legally Responsible for a Dog Bite in Illinois?
Illinois defines “owner” broadly under the Animal Control Act. Liability is not limited to the person who legally owns the dog. Anyone who keeps, harbors, cares for, or acts as custodian of the animal can be held responsible. That can include:
- The dog’s legal owner
- A neighbor or family member watching the dog temporarily
- A dog walker or pet sitter
- A landlord, if they knew a tenant’s dog was dangerous and failed to act
In most cases, the claim will be filed against the owner’s insurance policy. These policies typically cover dog bite liability up to the policy limits, though insurers will often try to minimize the payout to protect their profits nonetheless.
Contact an Experienced Personal Injury Attorney for Help With Your Child’s Claim
If your child was bitten by a dog in Illinois, the law is firmly on your family’s side. The dog’s owner is almost certainly liable, and your child may be entitled to substantial compensation for their injuries and related damages.
Contact Meyers & Flowers today to learn more and schedule a free consultation at (630) 576-9696. Our trial attorneys will work hard to help you maximize the value of your claim from the moment you decide to hire us.