What Chicago Dog Bite Victims Need to Know About Breed Exclusions and Home Insurance

Picture enjoying a sunny afternoon in Chicago, when a dog bites you out of nowhere. Suddenly, you’re in the ER, facing expensive medical bills you didn’t plan for and wondering who is going to be responsible for what just happened.

Dog bites are stressful, and the legal and insurance questions that follow can feel just as overwhelming as the injury. The good news is that Illinois law is on your side, and a significant change to state insurance rules about dog breeds makes it even more so.

Rules on Dog Breed Exclusions

If you have been told that the dog owner’s insurance won’t cover your injuries because of the dog breed, that excuse may no longer hold up under Illinois law. Governor J.B. Pritzker signed HB1049, the Dog Breed Insurance Underwriting Protection Act, into law in 2023.

Under this law, insurers can no longer refuse to issue or renew a homeowner’s policy, cancel coverage, or impose higher premiums based solely on the breed of a dog. Renter’s insurance policies are also prohibited from excluding breeds. It doesn’t matter whether the dog was a pit bull or a Great Dane. Dog breeds alone can no longer be used as the basis for denying your claim.

There is one important exception. Insurers can still take action against a policy if a specific dog has been officially designated as dangerous under the Illinois Animal Control Act. That designation is based on the individual dog’s behavior, not its breed. But a dog simply being a certain breed is no longer grounds for an insurer to walk away from a claim.

This is good news for dog bite victims. Before this law, an insurer could simply refuse to pay out on a claim because of the dog’s breed, leaving victims with little choice but to sue the owner for compensation for their injuries. If an insurer tries to deny your claim based on the dog’s breed, you have the right to push back, and an experienced Chicago dog bite attorney can help you do that.

Chicago’s Approach: Behavior Over Breed

In Chicago, dogs are classified by their behavior rather than breed. A dog can be declared dangerous if it poses a serious threat of injury or bites someone without provocation. Once declared dangerous, the owner faces strict requirements around registration and confinement.

After a bite occurs, the dog owner must report it to Chicago Animal Care and Control within 24 hours. The dog then needs to undergo a mandatory quarantine. Owners who ignore these rules can face fines, as well as further consequences in a civil dog bite claim.

If the dog that bit you had already been declared dangerous under Chicago’s municipal code, it suggests the owner knew their dog posed a risk. Their failure to take adequate precautions can strengthen a negligence argument alongside the strict liability claim.

No Free Pass for a First Bite

Illinois law holds dog owners strictly liable for dog bites under the Illinois Animal Control Act. What that means in plain terms is that a dog owner can be legally responsible for injuries even if their dog has never shown any aggression before. There is no one free bite rule in the state.

To bring a claim under the Act, the injured person generally needs to show that they were lawfully present where the attack happened, they didn’t provoke the dog, and that the dog caused their injury. If those elements are met, the owner is responsible.

Talk to a Dog Bite Lawyer

Even when a homeowner’s or renter’s policy is in place, coverage limits mean your injuries may not be fully covered. In those cases, pursuing a personal injury claim against the dog owner can help you recover the full compensation you are owed.

One thing dog bite victims often don’t realize is that the clock starts running the day you are bitten. Under Illinois law, you have two years from the date of the injury to file a claim. Missing that window means you are likely to lose your right to compensation, regardless of how strong your case is.

At Briskman Briskman & Greenberg, our Chicago dog bite attorneys are ready to help you recover compensation for your injuries. Contact us today for a free initial consultation to get started.