Illinois dog law
Liability Statute
Under this statute, a person injured by a dog can recover damages against the dog’s owner if he or she proves:
- that the dog caused the injury;
- that the defendant owned the dog;
- that the injured person did not provoke the attack;
- that the injured person was acting in a peaceful manner at the time of the injury; and
- that the injured person was in a place where he had a legal right to be at the time of the injury.
Under the statute, the plaintiff need not prove negligence. In order to recover under the common law, the plaintiff must prove that the dog owner was negligent at the time of the injury.
Vicious and Dangerous Dog Statute
The Meaning of a “Vicious Dog”
A vicious dog is one that:
- when unprovoked, bites or attacks a human being or other domestic animal;
- has a known propensity, tendency, or disposition to attack without provocation, to cause injury or otherwise endanger the safety of human beings or domestic animals; or
- has a trait or characteristic and a generally-known reputation for viciousness, dangerousness, or unprovoked attacks on a human or other animals, unless handled in a particular manner or with special equipment.
Legal Responsibilities of Vicious Dog Owners
Vicious dogs must be enclosed in a fence or structure at least 6 feet high that prevents entry of young children and prevents escape of the animal. The only times a vicious dog is allowed outside the enclosure are to go to the vet or to comply with a court order. During these times, the dog must be securely muzzled and restrained with a chain having a tensile strength of 300 pounds and not exceeding 3 feet in length.
The Meaning of a “Dangerous Dog”
A “dangerous dog” is any dog which when either unmuzzled, unleashed, or unattended by its owner, or member of its owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public place.
Liability of Dangerous Dog Owners
In Illinois, each county regulates the liability of dangerous dog owners.
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Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.
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