Store or Dog Owner? - Liability for a Dog Bite Inside a Store

 Posted on December 19, 2024 in Dog Bite Injuries

Most of us have become accustomed to seeing owners with their dogs in "pet-friendly" stores like Lowe’s and Tractor Supply. Dogs are often welcome in many open-air farmer’s markets and in some smaller family-owned stores. Unfortunately, this can sometimes lead to dog fights and dog bites.  As an example, a three-year-old boy who was with his father and Grandmother in a North Carolina Lowe’s was bitten in the face by a dog belonging to another customer.  

The dog was on a leash, being walked through the garden department of Lowe’s by its owner when it bit the boy in the face. The injuries were severe, requiring 50 stitches. The boy’s parents filed a lawsuit alleging the store was responsible for the incident because it allowed the dog in the store. The lawsuit further stated that employees who witnessed the dog attack failed to call 911.

Investigators found that the dog had been involved in prior incidents with your children. Deeming the owner "irresponsible," the dog was subsequently placed in a shelter. A Lowe’s spokesperson maintains that only service animals are allowed inside Lowe’s stores for "safety and sanitary reasons." Illinois has a strict liability policy for dog bites, generally holding the dog owner liable for medical bills.

But what if the dog owner has no insurance to cover damages resulting from a dog attack or dog bite? Is the owner of a store liable in this case – or in any case, where the store allowed the dog inside? If you find yourself in such a situation, it can be beneficial to speak to a knowledgeable Aurora, IL personal injury lawyer who can help you determine who is liable for the injuries from a dog bite.

When Might a Store Be Liable for a Dog Bite?

In most instances, the owner of a dog is liable for a dog bite, regardless of where the incident occurs. A business owner would generally only be liable if the dog in question belonged to the owner or if negligence on the part of the owner, a manager, or an employee of the business was the direct cause of the injury.

If an employee, manager, or owner of the business observed a dog behaving aggressively in the store but took no steps to ask the dog’s owner to take the dog out of the store, then the store might be liable. Since a business owner cannot reasonably be expected to inspect every pet who comes inside, the business owner is unlikely to be held responsible, except under certain circumstances.

In the incident above, since Lowe’s official statement is that they only allow service dogs – and since it is likely that many dogs who are not service dogs come into Lowe’s – then the store could potentially be held liable for failing to ensure only service animals are allowed inside. Proving the store’s liability would include:

• The store had a duty of care to protect all shoppers from dangerous animals.
• The owner breached this duty of care.  
• That breach of duty of care resulted in injuries, and those injuries resulted in damages.

A breach of duty of care in such a situation would likely only occur if it could be proven that the owner, manager, or employees were aware of an aggressive animal in the store and did nothing to mitigate the risk to others. Generally, the owner of the dog who bit a shopper inside a store will be the liable party.

Contact a DuPage County, IL Dog Bite Lawyer

If you or a loved one has been bitten by an aggressive dog while you were inside a business, speaking to an experienced Naperville, IL dog bite attorney can be extremely helpful. Your attorney can help you determine whether the owner of the dog or the store owner is liable for your injuries.

When you choose Dog Bite Injury Lawyer - Mevorah Law Offices LLC, you benefit from a large law firm with more than 175 years of collective experience and extensive resources to build a comprehensive case on your behalf. Our attorneys are willing to go to trial and fight aggressively to ensure you receive a full and fair settlement. Call 630-552-6860 to schedule your free consultation.