What is "Strict Liability" in Illinois Dog Bites?

 Posted on October 26, 2021 in Dog Bite Injuries

 “Strict liability” in general means that a person is completely responsible for damages they caused, regardless of whether they were careless. In Illinois dog bite cases, strict liability is somewhat limited in scope - it does not mean that a dog owner is always liable for injuries his dog causes. However, Illinois’s strict liability dog bite law means that it does not matter whether the owner knew his dog was predisposed to injure people or other animals. An Illinois dog owner cannot escape liability by claiming that he has no idea his dog would hurt someone. If you were injured by a dog, you should contact a dog bite lawyer as soon as possible for the best chances of recovering compensation. 

How Does Strict Liability Factor Into Dog Bite Claims? 

Strict liability in dog bite cases means that the dog’s owner did not need to hknow that his dog has the predisposition to bite or attack. In Illinois, a dog owner cannot defend by saying that he did not know his dog was a danger to others. In states without this type of strict liability rule, a person injured by a dog could lose his case if the defendant can show that he was not aware of the danger his dog presented. Fortunately, this is not the case here. 

When a person chooses to have a dog, they accept the risk that all dogs can bite or hurt someone. Illinois state law takes strict liability a little further, applying it to dog-related injuries other than bites. Dogs can cause injuries by jumping up on people, tripping people while running loose, or chasing people, especially children, into the road or other hazards. Under the strict liability rule, a dog owner does not need to be aware that their dog is predisposed to causing these types of injuries either. 

While dogs can be wonderful companions, there are risks that come with owning one. The owner of a large and active dog, for example, should be aware that there is a risk of it jumping up on a person and injuring them - and is strictly liable if it does so. So if you are attacked by a dog, and the owner claims that their pet has never acted that way before, there is no reason to worry. Strict liability means that there is no defense in that. 

Contact a DuPage County Dog Bite Lawyer

If you were bitten or hurt by a dog, contacting a qualified Naperville dog bite attorney should be a high priority for you. It is important that you not wait too long after the bite to call a lawyer, as evidence will need to be gathered promptly. Mevorah & Giglio Law Offices LLC is experienced in helping victims of dog attacks recover compensation for their injuries. Call 630-552-6860 for a free consultation. 

Sources: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1704