Strict Liability vs. the One-Bite Rule in Illinois

By the FigureMyTax Editorial Team · How we calculate

Illinois is a genuine strict liability state — and its statute reaches further than the bite-specific laws several other strict liability states use.

True strict liability, by statute

Under 510 ILCS 5/16, an owner is liable for a qualifying attack or injury regardless of the dog's prior history or the owner's knowledge of any dangerous propensity. This is meaningfully different from a true one-bite state, where the owner's prior knowledge is the central question the victim has to prove.

Broader than a bite-specific statute

The statute's text covers attacks, attempted attacks, and injuries generally — not just bites. Being knocked down, scratched, or otherwise hurt by a dog without an actual bite occurring can still trigger liability, a meaningfully wider net than states whose strict liability statutes apply only to the bite itself.

No history required, with one real limit

A dog's first qualifying attack still triggers full owner liability — no prior incident needed. But Illinois courts have held the Act doesn't impose liability as an automatic penalty for bare legal ownership alone; some factual connection to the dog's actual care, custody, or control is still required of the defendant.

This is general information, not legal advice. Which theory applies, and how strong your evidence is under it, depends on the specific facts. Confirm your situation with a licensed Illinois attorney.