What to Do If You’ve Been Bitten by a Service Dog in Illinois

Being bitten by a dog can be frightening and painful. When the dog is described as a service dog, the situation can be even more confusing. You may wonder whether you have legal rights, whether the dog’s status as a service animal protects the owner from liability, or whether you should report the incident.

The fact that a dog is a service animal does not mean that a person who is injured by the dog should simply accept the injury or pay the resulting medical expenses themselves. Illinois law provides important protections for people injured by dogs, while federal law establishes protections for people with disabilities who use legitimate service animals. These laws can operate at the same time.

If you have been bitten by a service dog, your immediate priorities should be obtaining medical treatment, documenting what happened, identifying the dog and its handler, reporting the incident when appropriate, and preserving evidence.

Dog Bites Are a Significant Public Health Problem

Dog bites are more common than many people realize. The Centers for Disease Control and Prevention (CDC) reports that nearly 1 in 5 people bitten by a dog requires medical attention. The CDC also notes that children are more likely than adults to be bitten and that injuries to children tend to be more severe. Earlier CDC research estimated approximately 4.5 million dog bites occur in the United States each year, with hundreds of thousands requiring medical treatment.

Dog bites can result in much more than a temporary mark. Depending on the circumstances, an attack can cause:

Puncture wounds and lacerations
Nerve and tendon injuries
Fractures
Muscle and soft-tissue damage
Scarring and disfigurement
Infection
Psychological trauma
Permanent loss of function

The CDC specifically warns that dog bites can spread germs that cause infection, even when a wound does not initially appear serious.

Get Medical Treatment Immediately

Your first concern after a service dog bite should be your health. Even a relatively small puncture wound can introduce bacteria into the body. Wash the wound promptly with soap and water if you are able to do so safely, and seek medical attention. The CDC recommends thorough wound cleansing because it can reduce the risk of bacterial infection and is also an important component of rabies prevention. Dog bite injuries can involve damage to nerves or tendons that may not be obvious from the outside.

Depending on the circumstances, a medical professional may recommend wound closure, antibiotics, a tetanus booster, additional treatment, or evaluation for rabies exposure. You should tell the healthcare provider exactly what happened, including:

When and where you were bitten
Whether the dog’s teeth broke the skin
The location and severity of the wound
Whether you fell or suffered another injury during the incident
Whether you know the dog and its owner
Whether the dog appeared healthy
Whether you know if the dog is vaccinated against rabies

Do not assume that a service dog cannot pose a rabies risk simply because it is trained to assist a person with a disability. The appropriate medical and public-health response depends on the circumstances of the exposure.

Determine Whether Rabies Treatment Is Necessary

Rabies is rare in humans in the United States, but it is a serious and potentially fatal disease if treatment is not provided before symptoms begin. The CDC reports that approximately 100,000 Americans receive rabies post-exposure prophylaxis each year following potential exposure.

If the dog is available, animal-control or public-health authorities may be able to evaluate the animal and determine whether observation or other measures are appropriate. The CDC explains that healthy dogs, cats, and ferrets involved in an exposure are generally observed for 10 days in coordination with public-health authorities. Do not try to make your own determination about whether rabies treatment is necessary. Contact a healthcare provider and your local public health department promptly after a bite.

Report the Dog Bite

You should report the incident to the appropriate local animal control or public health authority, particularly when the bite broke the skin, required medical treatment, or the dog’s vaccination status is unknown. A report can create an official record of the incident and may also help authorities determine whether the animal needs to be observed or otherwise evaluated.

If the attack occurred at a business, hotel, restaurant, store, apartment complex, workplace, public facility, or other location, notify the property owner or manager as well. Ask that an incident report be completed. If employees or witnesses saw the attack, identify them and obtain their contact information if possible.

Document the Injury

Photographs can be extremely important after a dog attack. Take photographs of the wound as soon as possible and continue documenting the injury as it heals. Consider taking photographs of:

The bite immediately after the incident
Swelling, bruising, and discoloration
Bandages and stitches
Scarring as it develops
Damage to clothing
The location where the attack occurred
Any visible warning signs or barriers
The dog, if photographs can be obtained safely

Keep copies of medical records, medical bills, prescriptions, receipts, and other documentation relating to treatment. If the injury causes you to miss work, maintain documentation showing the dates you were unable to work and the wages or income you lost.

Get Information About the Service Dog and Handler

If it is safe to do so, obtain the handler’s name, contact information, and insurance information. You should also try to identify the dog. Useful information may include:

The handler’s name and contact information
The dog’s name
The dog’s owner, if different from the handler
The dog’s vaccination information
The location of the incident
Witness names and contact information
The name of any business or organization responsible for the location
Animal-control report information
Photographs or video of the incident

Do not put yourself at risk trying to obtain information from a dog that remains aggressive or uncontrolled.

Preserve Video and Other Evidence

Evidence can disappear quickly after a dog attack. Many businesses and residential properties use surveillance cameras, doorbell cameras, or other video systems that may capture an incident. If the bite happened in a store, restaurant, apartment complex, parking lot, office, sidewalk, or other location, determine whether cameras may have captured what happened. Potential evidence can include:

Security camera footage
Doorbell camera footage
Cellphone video
Photographs
Text messages
Emails
Animal control records
Medical records
Witness statements
Incident reports
Prior complaints concerning the dog

If someone tells you that a camera recorded the incident, ask that the footage be preserved. Video may be overwritten automatically after a relatively short period.

Illinois Law and Service Dog Bites

Illinois has a specific statute governing animal attacks and injuries. Under 510 ILCS 5/16, if a dog or other animal, without provocation, attacks, attempts to attack, or injures a person who is peaceably conducting themselves in a place where they may lawfully be, the animal’s owner is liable for civil damages for the full amount of the injury proximately caused by the attack. This is important because Illinois law does not create a general exception simply because a dog is a service animal.

At the same time, every case depends on its facts. Questions can arise concerning whether the injured person was lawfully present, whether there was provocation, who owned or controlled the dog, and what caused the injury. An attorney can investigate those issues and determine what claims may be available.

What Is a Service Dog Under Federal Law?

The term “service dog” has a specific meaning under the Americans with Disabilities Act (ADA). The U.S. Department of Justice explains that a service animal is generally a dog individually trained to perform work or tasks directly related to a person’s disability. A dog does not have to wear a special vest, identification tag, or harness to qualify as a service animal under the ADA. The ADA also does not require service dogs to be professionally trained or certified.

Service animals generally must be under the control of their handlers. The ADA provides that a service animal ordinarily must be harnessed, leashed, or tethered unless doing so would interfere with the animal’s work or the person’s disability prevents the use of those devices. In those circumstances, the handler must maintain control through other effective means.

These rules protect people with disabilities and their ability to use service animals. They do not necessarily determine whether an injured person has a civil claim under state law after being bitten.

Does a Service Dog’s Status Prevent a Dog Bite Lawsuit?

Not necessarily. A service dog serves an important purpose for its handler, but the dog’s function does not automatically eliminate potential liability for injuries it causes. Illinois’ Animal Control Act focuses on the circumstances of the attack and resulting injury.

This means that a person injured by a service dog should not assume that there is no legal claim simply because the handler says, “This is a service dog.” Instead, the circumstances should be investigated. Important questions may include:

Was the dog actually trained to perform disability-related tasks?
Was the dog under the handler’s control?
What caused the dog to bite?
Was the injured person lawfully present?
Was there any alleged provocation?
Who owned the dog?
Was the dog being used by its owner or another handler?
Did the attack occur at a business or other property?
Were there witnesses or surveillance cameras?
What injuries did the victim suffer?

What Compensation May Be Available?

A serious dog bite can result in substantial financial and personal losses. Depending on the facts of the case, a claim may seek compensation for damages associated with the injury. Potential damages can include:

Emergency medical treatment
Hospital bills
Follow-up medical care
Prescription medications
Physical therapy
Future medical treatment
Lost wages
Loss of earning capacity
Permanent scarring or disfigurement
Pain and suffering
Emotional distress
Other losses caused by the injury

The value and availability of damages depend on the specific facts and applicable law.

What Not to Do After a Service Dog Bite

After an attack, it is understandable to feel angry or frustrated. However, avoid actions that could complicate your claim. Do not:

Confront or threaten the dog owner
Attempt to retaliate against the animal
Post detailed accusations about the incident on social media
Delete photographs, messages, or other evidence
Ignore medical treatment because the wound appears minor
Assume the injury is not serious because the dog is a service animal
Give a recorded statement to an insurance company without understanding what is being requested
Sign a settlement or release before you understand the full extent of your injuries

Instead, focus on treatment, documentation, and preserving evidence.

What If the Dog Was Working When It Bit You?

The circumstances can be particularly complicated when a service dog bites while accompanying its handler. A service dog may be performing a task, moving through a crowded environment, responding to its handler, or reacting to another person or animal. Determining what happened may require witness interviews, video evidence, medical records, and other evidence.

The fact that the dog was “working” is not, by itself, a complete explanation for the injury. The circumstances surrounding the bite still matter.

As Naperville dog attack attorney John J. Malm explains:

“A dog bite can cause far more than a moment of pain. Our job is to investigate what happened, document the injuries, and pursue the compensation our client may be entitled to under Illinois law.”

Frequently Asked Questions About Service Dog Bites

Can I sue if a service dog bites me?

Potentially. Illinois law provides that an owner may be liable for injuries caused when a dog, without provocation, attacks, attempts to attack, or injures a person who is peaceably conducting themselves in a place where they may lawfully be. The fact that the dog is a service animal does not automatically eliminate potential liability.

Do I have to prove the service dog was dangerous?

Not necessarily. Illinois’ Animal Control Act is important because it does not simply require a victim to prove that the owner knew the dog was dangerous. The statute establishes liability under the circumstances specified by the law.

What if the dog was wearing a service-dog vest?

A vest does not by itself determine whether a dog qualifies as a service animal under the ADA. The Department of Justice states that service animals are not required to wear a vest, identification tag, or special harness.

What if I was only scratched?

You should still take the injury seriously. Dog scratches and bites can transmit germs, and the CDC recommends medical attention when appropriate.

What if the dog did not break the skin?

A medical evaluation may still be appropriate, particularly if you suffered bruising, a fall, or another injury while trying to get away from the dog.

Should I contact a lawyer after a service dog bite?

If the injury required medical treatment, resulted in significant scarring, caused missed work, or otherwise had a substantial impact on your life, consulting a personal injury attorney can help you understand your legal options and preserve important evidence.

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

A service dog may provide essential assistance to a person with a disability, but that does not mean an individual injured by the dog should be left to handle medical bills, lost income, scarring, and other consequences alone. If you have been bitten by a service dog, prompt action can help preserve evidence and establish what happened.

At John J. Malm & Associates, our attorneys investigate dog bite and animal attack claims, work to identify responsible parties, document our clients’ injuries, and pursue compensation under Illinois law. If you or someone you love has been injured by a service dog, contact our firm for a free consultation.