Chicago Injury Lawyer Blog
Owning a dog comes with joy—and responsibility. But what happens when man’s best friend bites? In Chicago and across Illinois, dog bite claims are not just emotionally taxing—they’re financially consequential. Fortunately, homeowners’ insurance can help shoulder the burden. However, these policies have limits, exceptions, and technicalities that dog owners and bite victims must understand.
This blog dives deep into how homeowners’ insurance handles dog bite claims, examines available coverage types, highlights statewide liability rules, and outlines smart strategies for both dog owners and victims.
Illinois Law Has Strict Liability for Dog Bites
In Illinois, dog owners are held strictly liable for bites that occur without provocation—no proof of negligence is required. Under the Animal Control Act, a bite victim can seek full compensation for injuries, regardless of whether the dog had bitten anyone before.
This strict liability motivates owners to carry adequate insurance—or pay out of pocket, which can be financially devastating.
Dog Bites are a Major Liability Risk
Dog bite claims are among the most costly lines of homeowners’ liability coverage:
- In 2024, insurers paid $1.57 billion nationwide in dog bite and related injury claims—an 18.9% rise from 2023’s 19,062 claims.
- The average payout soared to $69,272 per claim in 2024—up 18.3%, a steep 86.1% jump since 2015.
- Illinois ranks near the top: in 2023, the average dog bite claim in Illinois paid $67,238, higher than the national average of $49,025. Additionally, Illinois ranked second in number of dog bite claims—931 claims totaling $31.1 million, averaging $33,385 per claim back in 2023.
These financial trends reflect rising medical costs, legal defense fees, and jury verdict amounts across the country.
Homeowners’ Insurance Coverage for Dog Bite Claims
Core Liability Limits
Most standard home insurance policies include liability coverage that extends to dog attacks. Common limits range from $100,000 to $300,000 per occurrence. However, given Illinois’s steep injury payouts, these limits are often tested.
Medical Payments Coverage
In addition to liability, many policies include medical payments coverage—typically between $1,000 and $5,000—that pays out quickly regardless of fault.
Umbrella Policies
If an incident exceeds basic limits, an umbrella policy (an additional liability layer) can launch coverage—potentially adding $1 million+. This is highly recommended, particularly for households with dogs.
Insurance Coverage Exclusions & Denials
Breed Exclusions and High-Risk Dogs
Many insurers exclude specific breeds considered high-risk—like pit bulls, Rottweilers, German Shepherds, Dobermans, Akitas, and others. A policy might cover an owner’s firearms, but carve out liability for bites by these dog breeds.
Non‑Disclosure and Misrepresentation
Insurers require full disclosure of pets. Failure to reveal a dog—or one’s breed—can lead to claim denial or even policy rescission. Illinois insurers can legally deny coverage for misrepresentations—even accidental ones—unless corrected during renewal.
What Happens When a Dog Bite Occurs?
Reporting Obligation
Illinois law mandates bite incidents to be reported to local health departments, often by the victim or hospital staff, aiding bite documentation and legal follow-up.
Insurance Claim Process
- The bite victim seeks medical care and files a claim with the homeowner’s insurer.
- Insurer reviews: coverage limits, exclusions, disclosure accuracy, and provocation.
- If covered, insurer pays medical expenses and legal defense within policy limits.
- If excluded or misrepresentation exists, insurer may deny or later rescind the policy.
- Any excess damages become the dog owner’s personal liability.
Denied Claims: What Now?
If a bite claim is denied, policy rescinded, or limit breached:
- The bite victim can sue the homeowner directly.
- The owner may sue insurer for bad faith denial depending on the situation.
- Umbrella policies may provide additional relief if properly structured.
Illinois law gives victims two years from the bite date to file a lawsuit.
Recommendations For Chicago Dog Bite Victims
- Report the incident to local health authorities and medical professionals.
- Get prompt medical treatment and preserve documentation.
- Obtain a copy of the owner’s insurance policy to understand coverage.
- File your claim quickly—notifying insurer and healthcare provider, and watch deadlines.
- Consult an experienced Chicago dog attack attorney to navigate denials, rescissions, and to pursue personal injury claims if needed.
Contact the Top-Rated Chicago Dog Bite Attorneys at John J. Malm & Associates
If you or someone you love has been injured in a dog attack in Chicago or elsewhere in Illinois, don’t try to navigate the insurance process alone. Homeowners’ insurance companies often deny or undervalue valid claims—especially when breed exclusions, coverage disputes, or serious injuries are involved.
At John J. Malm & Associates, our experienced Chicago dog bite attorneys know how to hold negligent dog owners and their insurers accountable. We’ve successfully recovered compensation for victims facing medical bills, lost wages, disfigurement, and emotional trauma after a serious bite or mauling. Let us help you pursue the justice you deserve. Contact us today for a free consultation—and take the first step toward protecting your rights and your recovery.