Illinois law says that if a dog or other animal, without provocation, attacks, attempts to attack or injures a person who is peaceably conducting himself or herself in a place where he or she may lawfully be, the animal's owner is liable in civil damages for the injury the attack proximately caused (510 ILCS 5/16, the Animal Control Act). The statute's text does not require proof that the dog had bitten anyone before. The general deadline to sue is two years (735 ILCS 5/13-202). Call Stavros Law Offices at (847) 520-4810 for a free consultation.

General information, not legal advice. Last reviewed: October 2026.

What the Illinois Animal Control Act Says

Section 16 of the Animal Control Act (510 ILCS 5/16) is the main Illinois statute for injuries caused by dogs and other animals. Reading its words closely shows what has to be proved:

• A dog or other animal attacked, attempted to attack, or injured the person.
• Without provocation. The statute covers attacks without provocation. What counts as provocation is decided on the facts.
• Peaceably conducting yourself. The injured person was behaving peacefully.
• In a place you may lawfully be. Someone who was lawfully on a sidewalk, in a park or invited into a home is in a different position from someone who was trespassing.
• Owner liability. The owner is liable in civil damages for the injury proximately caused by the attack.

The Act defines “owner” broadly: a person with a right of property in the animal, or who keeps or harbors it, or has it in his or her care, or acts as its custodian, or who knowingly permits a dog to remain on premises he or she occupies (510 ILCS 5/2.16). That can matter when the dog that bit you belonged to a friend, a neighbor, a tenant or a business.

Does the Owner's Knowledge of the Dog Matter?

Many people have heard that a dog “gets one free bite.” Section 16 does not contain that kind of rule. Its text does not make the owner's earlier knowledge of the dog's behavior a condition of liability. Prior complaints, earlier bites or a history of aggression can still be important evidence in other ways, and depending on the facts other legal theories may also be available. We review every possible basis for a claim.

What to Do After a Dog Bite

• Get medical care. Have a doctor look at the wound, and ask about wound care, infection risk, tetanus and rabies evaluation.
• Report the bite. Under the Animal Control Act, a person who knows someone was bitten by an animal must notify the animal control administrator within 24 hours (510 ILCS 5/13(a-15)). Many people report through local police or animal control. In Cook County, bites are reported to the local police, or to the Sheriff's Office in unincorporated areas, within 24 hours.
• Expect an observation period. The statute provides that a biting animal is confined and observed for at least 10 days from the date of the bite, and the owner must present the animal to a veterinarian within 24 hours. It is unlawful for the owner to conceal, euthanize, sell or give away the animal until it is released (510 ILCS 5/13).
• Get the owner's information. Ask for the owner's name, address, phone number and the dog's vaccination and homeowner's or renter's insurance details if you can safely do so.
• Take photos. Photograph your injuries right away and again as they heal, plus the dog, the location, any fence or gate, and torn clothing. Keep the clothing.
• Find witnesses and write down what happened while it is fresh.
• Keep records of medical visits, bills, prescriptions, scarring and time missed from work or school.

Insurance and Dog Bite Claims

A dog bite claim is often paid, if at all, through the owner's homeowner's or renter's liability policy. Policies vary: coverage limits differ, and some policies limit or exclude dog-related claims, so the actual policy matters. If the owner has no applicable insurance, the claim may be pursued against the owner directly. Medical payments coverage on a policy and your own health insurance may help with bills while a claim is pending.

The owner's insurer may call you for a recorded statement. Be careful with statements and broad medical authorizations before you understand your injuries. Our guide to dealing with insurance after a crash explains the same cautions that apply here, and who pays medical bills covers how bills are handled while a claim is pending.

Children and Dog Bites

Children are often bitten at the face and hands, and injuries can involve scarring and follow-up care. A person who was under 18 when the claim arose generally may bring an action within two years after turning 18 (735 ILCS 5/13-211). Do not assume extra time applies to your child's situation without asking a lawyer.

Provocation, Trespassing and Shared Fault

An owner is likely to argue that the dog was provoked, that the injured person was not lawfully on the property, or that the injured person was partly to blame. Illinois comparative fault applies in negligence-based claims: a plaintiff more than 50% at fault is barred, and otherwise damages are reduced by the plaintiff's share (735 ILCS 5/2-1116). How a person's own conduct affects a claim under the Animal Control Act depends on the facts of the case. Our guide to comparative fault in Illinois explains the general rule.

Where the Bite Happened Matters

• On someone's property: homeowner and landlord considerations may overlap with premises liability.
• In a public place: leash rules vary by city and county, and the owner's compliance with local ordinances can be relevant.
• While working: if you were bitten while on the job, other benefits may apply, so tell us.

Deadlines for Dog Bite Claims

Most Illinois injury lawsuits must be filed within two years after the injury (735 ILCS 5/13-202). Reporting a claim to an insurer does not stop the clock. If a public animal control agency or other local public entity is involved in a claim, a one-year deadline can apply (745 ILCS 10/8-101). Our guide to Illinois personal injury deadlines explains the exceptions.

Related Pages

See our Car Accident Resource Center for the general steps after an injury, the personal injury overview, and pedestrian accidents if you were hurt while walking.

Our county pages explain where injury cases are filed: Cook County, Lake County, DuPage County, Kane County and McHenry County.

Frequently Asked Questions

Is a dog owner always liable for a bite in Illinois?

Not always. The Animal Control Act (510 ILCS 5/16) makes the owner liable when a dog or other animal, without provocation, attacks, attempts to attack or injures a person who is peaceably conducting himself or herself in a place where he or she may lawfully be. Provocation, trespassing and other facts can change the outcome.

Does the owner need to have known the dog was dangerous?

The text of 510 ILCS 5/16 does not make the owner's earlier knowledge of the dog's behavior a condition of liability. Prior incidents can still be relevant evidence, and other legal theories may apply depending on the facts.

Who counts as the owner of a dog?

The Animal Control Act defines owner to include anyone with a right of property in the animal, anyone who keeps or harbors it, has it in his or her care or acts as its custodian, and anyone who knowingly permits a dog to remain on premises he or she occupies (510 ILCS 5/2.16).

Do I have to report a dog bite?

Illinois law says any person who knows someone was bitten by an animal must notify the animal control administrator within 24 hours (510 ILCS 5/13). In Cook County, bites are reported to local police within 24 hours. Ask the local police or animal control how to file a report where you live.

Does homeowner's insurance cover dog bites?

Often a homeowner's or renter's liability policy is the source of payment, but policies vary and some limit or exclude dog-related claims. We ask for the actual policy and its limits.

How long do I have to file a dog bite lawsuit in Illinois?

Generally two years from the date of injury (735 ILCS 5/13-202). A person who was under 18 when the claim arose may have until two years after turning 18 (735 ILCS 5/13-211). Claims involving local public entities can have a one-year deadline (745 ILCS 10/8-101).

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. We review dog bite claims for clients in our service area from our Wheeling office. Call (847) 520-4810 or request a free consultation online. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Free consultation. Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

General information, not legal advice; no attorney-client relationship until engaged. Past results do not guarantee a similar outcome. Laws, deadlines and court procedures change and every case is different. Last reviewed: October 2026.