Liability for Attacks Caused by Off-Leash Dogs

Dog attacks, especially those involving off-leash dogs, are a serious and unfortunately common public safety concern. When a dog that is not under proper control injures a person, questions of liability and legal responsibility arise. Understanding how applicable laws work, what statistics show about the frequency and severity of dog attacks, and how liability is established can help victims protect their rights and pursue compensation. In this blog, we’ll explain how liability is determined, outline relevant statistics, review differences between strict liability and negligence frameworks, and answer common questions victims and dog owners might have.

“Dog bites are preventable. And when a dog owner allows their dog off leash and their dog bites someone, the law is clear: they can and should be held responsible.” – John J. Malm, Naperville dog attack attorney

How Often Dog Attacks Occur

Dog bites and attacks are not rare. They represent a significant source of injuries in the United States.

National Data on Dog Bite Injuries

The Centers for Disease Control and Prevention (CDC) estimates that approximately 4.5 million people are bitten by dogs each year in the United States. Of these, roughly 885,000 require some medical care. Half of those serious bites occur to children.
Nearly 1,000 people seek emergency treatment for dog bite injuries daily when averaged over the year, illustrating the constant toll these incidents take.

Trends Involving Off-Leash and Roaming Dogs

While comprehensive national statistics breaking down off-leash incidents specifically are less commonly published, multiple regional and epidemiological reports show that dogs unrestrained or at large pose an elevated risk of causing injury. A separate public health report indicates that approximately 24% of dog-attack-related deaths involved unrestrained dogs off their owners’ property.

These data points illustrate why leash laws and responsible animal control are critical components of public safety.

Legal Frameworks Governing Dog Attack Liability

When a dog that is off-leash attacks someone, liability, meaning who is legally responsible for the victim’s injuries, depends on a combination of statutory laws, local ordinances, and common law principles. There are three primary legal concepts to understand:

Strict Liability

Many states, including Illinois, impose strict liability on dog owners for injuries caused by their dogs. Under a strict liability regime:

The victim does not need to prove negligence on the part of the owner.
The owner is responsible simply because the dog caused harm while the victim was lawfully present.

States with strict liability statutes typically include conditions such as whether the victim was on public property or lawfully on private property at the time of the attack. A strict liability approach is particularly beneficial for plaintiffs because it lowers the legal burden of proof and allows them to focus on the harm caused rather than proving fault.

Negligence and Local Control Laws

Some jurisdictions also allow for claims on negligence principles. Under negligence:

A plaintiff must show the dog owner owed a duty of care, the owner breached that duty, and the breach caused the victim’s injuries.
Violating a local leash law (such as allowing a dog off leash where it’s prohibited) can itself be evidence of negligence.

Even in areas where off-leash parks or designated dog-free zones exist, owners are still expected to exercise reasonable care and control over their animals at all times.

Off-Leash Dogs and Liability

When an attack involves a dog off its leash, whether in a public park, sidewalk, trail, or neighborhood, there are additional legal issues that frequently arise.

Local Leash Laws and Ordinances

Most cities, counties, and municipalities have leash laws that require dogs to be restrained or under immediate control of the owner. Failure to comply is typically a violation of the local code and can be:

Admissible as evidence of negligence if an attack occurs.
A basis for administrative fines or animal control action.
A factor in civil liability if the dog’s unrestrained behavior led to someone’s injury.

Designated Off-Leash Areas

Where dogs are legally permitted off leash, such as in fenced dog parks, liability may still attach if:

The owner fails to control a known aggressive dog.
The dog’s conduct is unreasonable or violates posted rules.
Harm occurring is foreseeable and preventable with reasonable care.

Designated off-leash status does not equate to immunity from liability.

Shared Liability and Third Parties

In some cases, liability may be shared or extend beyond the dog’s owner:

A caretaker or handler (e.g., dog walker) may share responsibility.
A property owner or municipality could be liable if a dangerous condition (e.g., unsecured fencing, unclear signage) contributed to the attack.

Preparing a Dog Attack Claim

If you are injured by an off-leash dog, there are important steps that can protect your legal claim:

Immediate Actions

Seek prompt medical care: document injuries and treatment.
Report the incident to local animal control and law enforcement.
Gather evidence: photos, witness statements, and location details.
Preserve documentation of all related expenses and missed work.

Legal Elements of a Claim

To pursue compensation, most claims require proof of:

The dog caused your injury.
You were lawfully present when the attack occurred.
The owner owed a duty that was breached (e.g., failing to obey leash laws or control the dog).
Your injury resulted in damages (medical bills, lost income, pain and suffering).

Even in strict liability states, exceptions, such as provocation, trespassing, or illegal acts, can limit recovery.

Frequently Asked Questions about Off-Leash Dog Attack Liability

Q: Am I always able to recover damages if a dog attacks me while off-leash?
A: No. Liability depends on the applicable legal framework, whether the victim was lawfully present, and whether any exceptions apply (e.g., provocation).

Q: Do leash laws matter in a liability case?
A: Yes. Violations of leash laws can support a negligence claim and may be particularly persuasive if the dog was off-leash in an area where restraint was required.

Q: Can a dog owner use “I didn’t know my dog would do this” as a defense?
A: In strict liability jurisdictions, like Illinois, lack of knowledge typically isn’t a defense.

Q: What if the attack happened in a designated off-leash park?
A: Even in legal off-leash areas, the owner must maintain reasonable control. Failure to control a known aggressive dog may still result in liability.

Q: Does liability extend to intentional or reckless behavior by the owner?
A: Yes. If an owner knowingly places others at risk by allowing an aggressive dog to roam free, that behavior can increase the likelihood of liability under negligence or statutory standards.

Contact the Top-Rated Illinois Dog Bite Lawyers at John J. Malm & Associates

Off-leash dog attacks are more than painful mishaps, they are serious incidents with lasting physical, emotional, and financial consequences. The law aims to balance responsible pet ownership with protection of the public. Whether through strict liability statutes or negligence principles, courts hold dog owners accountable when their animals cause harm, especially when the risks were foreseeable.

If you or a loved one has been injured by an off-leash dog, you should not navigate the aftermath alone. Dog attack cases involve complex liability issues that can significantly impact your recovery and future well-being. Prompt and detailed legal guidance can make the difference in securing fair compensation for medical bills, lost income, pain and suffering, and other damages.

Contact John J. Malm & Associates today to schedule a free consultation with our experienced Illinois dog attack injury attorneys who understand how to investigate off-leash dog attack cases, document liability, and pursue the justice you deserve. Your safety, recovery, and financial security matter and we are here to advocate on your behalf.