This is the next post in my series about whether Illinois landlords may be responsible for a dog bite that occurs on their property. My last article discussed what to expect when dealing with the landlord’s insurance carrier after a dog bite injury. In this article, I will be discussing how Illinois law approaches dog bite cases involving landlords and what you should know if you are considering pursuing legal action. Many victims wonder what is involved in the litigation process and a qualified attorney can help explain. It is important to retain counsel as soon as possible following such a case. If you or someone you love is in need of assistance then contact my office today to speak with a Peoria personal injury lawyer.
Illinois dog bite victims must prove negligence in cases involving an Illinois landlord
Dog owners in Illinois generally are held strictly liable if their dog bites someone without provocation. This means a victim does not need to prove that the owner was negligent in order to recover damages. The owner is liable for the victim’s injuries in full. However, a different legal standard applies when a landlord is involved. A landlord is not automatically responsible for a tenant’s dog or another person’s dog. Instead, the victim must prove negligence. Negligence requires showing that the landlord knew or should have known about the dangerous dog and failed to take steps to protect others. The landlord must have failed to demonstrate reasonable care and that failure must have directly contributed to the bite.
There may be other causes of action that can be pursued against a landlord beyond negligence for the bite. For example, a landlord may be sued if they hired personnel to help them manage the property and those employees knew of the dangerous animal but did nothing. If the property owner was failing to adequately monitor the work of the employees then they may be sued for negligent hiring and supervision. This is just one example of how multiple angles of liability may exist depending on the landlord’s role and knowledge.
Consider a situation where a Peoria landlord knew that a tenant kept a large dog that had previously growled at neighbors. The landlord received complaints but did not do anything, even though the dog was often left in the outdoor common area. The landlord could potentially be found negligent for failing to address the known risk if the dog bit a person in the common area. This illustrates how liability may arise even though the strict liability rule does not directly apply to the landlord.
Dog bite cases which involve landlords can result in a lengthy process
Reaching a settlement may take some time when a landlord is brought into a dog bite case. It adds a layer of legal complexity unlike straightforward claims against a dog owner. Insurance coverage questions often arise and there may be disputes over whether the landlord’s policy even applies to the incident. The parties may also argue about what the landlord actually knew about the dog’s behavior and whether any lease provisions concerning pets were enforced. All of these issues can drag out negotiations and slow down the path to resolution.
Litigation may be necessary if no settlement is reached. This process begins with filing a complaint and continues through discovery, depositions, motions, and potentially a trial. Each of these stages can take months or even years, particularly if the landlord and their insurance company dispute liability. The discovery process alone often involves exchanging documents, written questions, and witness testimony. These can easily become highly contested in cases involving landlords. Motions may also be filed to dismiss certain claims or limit evidence. Because of these hurdles, dog bite victims should be prepared for a longer journey to secure compensation when a landlord is involved.
Contact us online or by telephone to schedule an initial consultation if you have suffered a dog bite injury. My office also serves the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
