Yes, you can. In Illinois, dog owners can be held responsible for injuries caused by their pets, even if the bite occurred on private property. Whether it happened in a neighbor’s yard, a friend’s home, or even a family member’s property, you may have the right to seek compensation for your injuries.
Dog Bite Liability on Private Property
Under Illinois law, pet owners are typically liable for injuries their animals cause, regardless of whether the incident occurs on public or private property. Unlike some states, Illinois does not follow the “one-bite” rule, which means that a dog owner can still be held accountable even if the dog has never bitten anyone before.
However, it’s important to understand that liability is not automatic. According to Illinois law (510 ILCS 5/16), a dog owner is only liable if:
- The dog attacked, attempted to attack, or injured a person.
- The dog was not provoked.
- The victim was peaceably conducting themselves in a place where they were legally allowed to be.
This means that if someone was teasing, striking, or provoking the dog, or if they were trespassing on private property, the dog owner may not be held liable.
Unique Concerns on Private Property
While many dog bite cases occur in public spaces, incidents on private property can raise additional issues. Sometimes, the property owner (if different from the dog owner) may also bear responsibility if they knew about the dog’s aggressive tendencies and failed to take precautions.
For example:
- Unsecured Areas: If a dog is left in an unfenced yard where visitors might encounter it, the property owner could be considered negligent.
- Lack of Warnings or Barriers: If there are no warning signs or adequate fencing to prevent the dog from approaching visitors, the property owner might share liability.
If the property owner’s negligence contributes to the circumstances of the bite, you may have a valid claim under premises liability as well as animal control laws.
Landlord Liability in Dog Bite Cases
In Illinois, landlords can also be held liable for dog bites, but only under specific conditions. A landlord may be responsible if:
- The dog attack occurs in a common area (such as a hallway, lobby, or courtyard) that the landlord controls.
- The landlord knew the dog was dangerous and did not take reasonable steps to address the risk.
However, if the bite occurs within the tenant’s leased space (like inside the apartment), the landlord typically cannot be held liable, as they do not have control over that private area.
How Our Law Firm Can Help
Our experienced attorneys specialize in dog bite cases and can help you navigate the complexities of both animal liability and premises liability claims. We’ll work to gather evidence, establish negligence, and fight for the compensation you deserve — including medical bills, lost wages, and pain and suffering. Contact us today for a consultation.
