How Local Laws Affect Dog Bite Cases: The Example of Illinois
How a dog bite case ends depends on each state’s liability statute, with some states following strict liability and others having the one-bite rule.
However, local municipal and county ordinances can strengthen personal injury claims and potentially increase compensation. That’s why it’s important to work with an attorney familiar with variations across different counties. We will explain how different they can be with the example of Illinois and the differences in its local ordinances.
Illinois: A Strict Liability State
The Animal Control Act of Illinois states that dog owners face strict liability if their dog attacks a person without provocation in a location where they have a right to be, such as a public park. Strict liability means there’s no need to prove that the dog has a history of aggression for the owner to be held accountable. The owner also doesn’t have to violate any local ordinances, as the bite itself can be enough proof.
However, when an owner or handler violates local ordinances, such as leash laws, registration requirements, or household pet limits, these violations can establish negligence per se. If a person violates a safety statute created to prevent harm, it can serve as automatic proof of negligence, as it points to irresponsible ownership. This can also result in a higher settlement.
Here’s what the ordinances look like in various Illinois counties.
Cook County
The second most populous county in the US, which also encompasses Chicago, has strict penalties for dog attacks. Given its urban density, it has to maintain control and safety. In Chicago, dogs must be leashed whenever they’re not on the owner’s property, with the maximum leash length of 6 feet.
Even non-injury violations come with fines that start at $300, while more serious cases have the potential of higher fines and jail time. The maximum number of dogs per household is four, which is more than in most Illinois municipalities.
DuPage County
DuPage County regulations vary by municipality, with the leash maximum for the county as a whole being 8 feet, even though municipalities can have their own rules. For example, Naperville limits the leash to 6 feet for dogs deemed dangerous and requires that the dogs wear muzzles. For dogs deemed dangerous, owners have to get liability insurance of at least $100,000.
Will County
In Will County, dogs have to be kept on a leash even in the Forest Preserve, or they risk a ticket. In the city of Joliet, rules are stricter than in Chicago, as the household limit is two dogs. Dogs must also be leashed with a current, visible license tag in public spaces.
Joliet’s two-dog limit makes violations a particularly powerful piece of evidence. Any owner of three or more dogs whose animal bites someone has clearly broken a law, which can be an additional argument for enhanced damages. The same applies to registration violations, as well as letting a dog roam free in public (unless it’s a designated dog park). A Joliet dog bite attorney will know how to paint a picture of owner negligence based on local rules, which can help in settlement negotiations.
Kane County
Kane County is a mix of suburban and rural areas, so the rules are different compared to the cities. A leash in Aurora, Kane County, can be 10 feet long, a length that would constitute a violation in Chicago.
The city also allows four domestic animals per household, with only two of the same species within the limits (so you could have two dogs and two cats, but not three dogs and a cat).
So, depending on the location, what constitutes automatic negligence varies significantly, and any attorney would have to be closely familiar with local ordinances.
How Location Changes Outcomes
The same injury would have different outcomes in different locations. A dog jumping over a fence and biting the mail carrier could result in one settlement amount in Chicago, and another in Joliet if the owner exceeds the two-dog limit. This is possible because the attorney would be able to argue that the household limit violation shows a pattern of irresponsibility.
In any case, any attorney must thoroughly investigate all applicable ordinances. This includes licensing and registration, animal control records, prior bite history, and more.
So even if injuries are the same, the location requires different strategies to maximize the compensation for the plaintiff.
