Landowner Liability for Dog Bites in Illinois

Top-Rated Attorneys for Victims of Dog Attacks in Chicago, Naperville, Aurora, Springfield, and Throughout Illinois

When a dog bite occurs on private or commercial property, the owner of the premises may be held liable under Illinois law, particularly if they knowingly permitted a dangerous animal to remain on the property. While the Illinois Animal Control Act imposes strict liability on the animal’s owner, landowners can also face liability under premises liability and general negligence law when they fail to take reasonable steps to prevent a foreseeable attack.

“Dog bites are preventable,” says Naperville dog bite attorney John J. Malm. “And when a landowner has knowledge of a dangerous condition and fails to act, whether it’s a loose stair, faulty railing, or an aggressive animal, the law is clear: they can and should be held responsible. Our firm is proud to help clients navigate these complex cases and recover the compensation they need to move forward.”

Property Owner Liability Under the Illinois Animal Control Act

Under Section 16 of the Illinois Animal Control Act (510 ILCS 5/16), an owner of a dog is strictly liable for injuries caused when their dog attacks, attempts to attack, or injures another person without provocation, as long as the injured person was lawfully on the premises. Importantly, the term “owner” is defined broadly to include anyone who harbors or keeps an animal, not just its legal owner. This definition opens the door to potential liability for landlords, hotel operators, and other property managers who exercise control over premises where a dangerous animal is kept.

Property Owner Liability Under Premises Liability Law in Illinois

Separate from the Animal Control Act, Illinois landowners have a general duty under the Illinois Premises Liability Act (740 ILCS 130/1 et seq.) to maintain their property in a reasonably safe condition for lawful visitors. Under this statute, if a landowner knows, or in some cases should have known, of a dangerous condition on the premises (like an aggressive dog) and fails to take reasonable steps to remedy it or warn guests, they may be held liable for injuries that result.

In cases involving dangerous dogs, this means that if a landowner has actual knowledge of a dog’s aggressive tendencies, whether through a prior attack, complaints from other tenants, or personal observation, they may be legally obligated to take action. Failure to do so can create liability for the resulting injuries.

Illinois courts have consistently held that property owners are not automatically responsible for the conduct of their tenants’ animals. However, once they acquire knowledge of the danger, their duty to act is triggered.

The Importance of Actual Knowledge

A key element in imposing liability under premises liability law is actual or constructive knowledge of the dangerous condition. In dog bite cases, this often takes the form of prior bite incidents, complaints about the animal’s behavior, or visible signs of aggression known to the landowner or their employees. Without such knowledge, there is generally no duty to protect or warn others. However, when a landowner knows of a specific dangerous condition, and the risk of harm is foreseeable, the duty to act arises.

When Does a Landowner’s Duty Begin?

It is important to clarify that Illinois landowners do not automatically owe a duty to protect every visitor from every risk. The duty to protect from an animal attack only arises when the owner has reason to know of the danger. But once actual knowledge is established, the law expects reasonable action, either by removing the animal, restricting its movement, or clearly warning others.

Seeking Compensation for Dog Bite Injuries

Victims of dog attacks on private or commercial property may be entitled to compensation for:

• Emergency medical care and surgery
• Hospitalization and rehabilitation
• Pain and suffering
• Scarring and disfigurement
• Emotional trauma
• Lost wages or future earnings
• Disability and diminished quality of life

Establishing liability may require investigation into the dog’s history, property ownership records, staff interviews, and FOIA requests. A successful claim often hinges on proving what the landowner knew and failed to do.

Why Choose John J. Malm & Associates for Your Dog Attack Case?

At John J. Malm & Associates, we have decades of experience successfully litigating dog bite and premises liability cases throughout Illinois. Our dedicated Illinois dog bite attorneys bring more than 90 years of combined experience to complex injury claims, and our results speak for themselves. From our offices in Naperville and St. Charles, we represent clients in Cook, DuPage, Kane, Will, and surrounding counties.

Our team includes six accomplished and award-winning attorneys who have recovered millions of dollars in compensation for victims of negligence and animal attacks. We conduct thorough investigations, collaborate with expert witnesses, and prepare each case for trial to ensure our clients receive the justice they deserve.

Frequently Asked Questions about Landowner Liability for Dog Attacks in Illinois

Q: Can a dog owner be held liable if their dog attacks someone?
A: Yes. In Illinois, dog owners are generally liable if their dog causes injury to another person, regardless of the dog’s past behavior. Illinois follows a “strict liability” rule for dog bites in most situations: if the dog bites or attacks, the owner is responsible for damages, including medical bills, lost wages, and pain and suffering.

Q: What about a landowner who doesn’t own the dog? Can they still be liable?
A: Sometimes. A landowner can be held liable if they knew or should have known that a dog on their property posed a danger to visitors and failed to take reasonable steps to prevent an attack. For example, if a property owner allows a dangerous dog to roam freely, or fails to secure it, they could share liability.

Q: Does liability change if the victim was trespassing?
A: Yes. In Illinois, dog owners and landowners generally have a higher duty of care toward lawful visitors. If someone is trespassing, the owner may have limited or no liability unless they acted with willful or wanton misconduct. Courts consider the circumstances carefully, but trespassers usually face a reduced expectation of protection.

Q: Are there exceptions to dog-owner liability in Illinois?
A: Some defenses may apply, such as provocation. If the victim provoked the dog, engaged in horseplay, or otherwise caused the attack, this may reduce or eliminate the owner’s liability. Additionally, certain landlords and municipalities may have limited liability under specific statutes.

Q: What damages can a victim recover from a dog attack?
A: A victim may recover:

• Medical expenses (emergency care, surgery, follow-up treatment)
• Lost wages if unable to work
• Pain and suffering or emotional distress
• Scarring or disfigurement
• Future medical costs if injuries are permanent

A skilled attorney can calculate damages comprehensively, ensuring the victim is fairly compensated.

Q: Should I report a dog bite even if the injury seems minor?
A: Absolutely. Reporting the attack to local animal control or law enforcement ensures proper documentation, protects public safety, and preserves evidence if you pursue a legal claim. Early reporting also helps your attorney collect medical records, witness statements, and any evidence of prior incidents.

Q: How long do I have to file a claim after a dog attack in Illinois?
A: Illinois has a two-year statute of limitations for personal injury claims, including dog bites. This means you have two years from the date of the attack to file a lawsuit. Acting promptly is important, because early action helps preserve evidence and strengthens your claim.

Q: Why should I hire an attorney for a dog attack case?
A: Dog attack cases can be complex, especially when multiple parties may be liable (dog owner, property owner, landlord). An experienced attorney can:

• Investigate the incident and collect evidence
• Determine all parties legally responsible
• Negotiate with insurance companies or pursue litigation
• Ensure maximum compensation for injuries, medical costs, and emotional distress

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

If you or someone you care about has suffered a serious dog bite or animal attack while visiting someone else’s property, you may have a claim against both the dog’s owner and the landowner. Contact John J. Malm & Associates today for a free consultation.

Call (630) 527-4177 or visit www.malmlaw.com to learn more. John J. Malm & Associates: Experience You Can Count On. Justice You Deserve.