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What is the One Bite Rule?

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

 

The One Bite Rule is one of three common theories of liability in dog bite cases. The One Bite Rule generally means that the owner of a dog that has not previously bitten or acted viciously cannot be held liable for a bite or attack. However, once the dog does bite or attack, or if the dog has bitten or attacked before, the owner will be responsible for any injuries and damages that their dog causes in the future.

Illinois is not one of the 18 states that follows the One Bite Rule, instead dog bites in Illinois are controlled by the strict liability law, 510 ILCS 5/16, which states:

If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.

This means that you as the victim must prove three points, which include:

  • The dog attacked you, attempted to attack you, or otherwise injured you.
  • You did not provoke the dog in any way.
  • You had a legal right to be in the place where the attack or attempted attack occurred.

This liability can fall on either the owner of the dog or the person in control of the dog at the time of the attack or attempted attack. It is important to note that dog bite victims in Illinois have a two-year statute of limitations for filing a dog bite claim.

Compensation for Dog Bite Injuries

To receive full compensation for your dog bite injuries, it is important to be represented by a dedicated and experienced personal injury lawyer. Financial compensation for your dog bite injury depends on a variety of factors including:

  • The extent of your injuries and associated medical bills;       
  • Long term medical treatment that may be required, including assistive devices, pain management, home assistance, and therapy;    
  • The insurance policy of the liable party;       
  • Non-economic damages such as pain and suffering, emotional distress, and/or Post-Traumatic Stress Disorder (PTSD).

We at Mike Agruss Law are proud to serve our fellow citizens in personal injury cases, including when you or a loved one has been injured in a dog bite attack, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, such as medical expenses, lost wages, and pain and suffering, and you won’t owe us a dime for our services.

We see you as a person, not just a client – and that makes us better at what we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected] or schedule a meeting with us here. We’re here 24/7. 

 

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