Navigating a Dog Bite Claim Against a Neighbor While Keeping the Peace

Dog bites and attacks can be traumatic, both physically and emotionally. But when the dog belongs to a neighbor, the situation becomes even more complicated. You may have a valid injury claim, but you also don’t want to damage an important relationship. In this blog, we explain what happens when your neighbor’s dog bites you, outline your legal rights and options, and give advice on how to maintain a peaceful resolution.

How Common Are Dog Bites?

Dog bites are more common than many people realize. According to the Centers for Disease Control and Prevention (CDC), approximately 4.5 million dog bites occur in the United States each year, with nearly 800,000 requiring medical attention. Children and the elderly are at the highest risk of severe injuries.

In Illinois, dog bite claims are significant. The Insurance Information Institute (III) reports that Illinois ranks among the top states for dog bite-related insurance claims. In 2022, Illinois had $56.4 million in dog bite claim payouts, with an average claim value of $57,000.

Understanding Illinois Dog Bite Laws

Illinois follows a strict liability rule when it comes to dog bites. This means a dog owner is automatically liable if their dog bites someone, as long as:

1. The victim was lawfully on the property or in a public place.
2. The victim did not provoke the dog.

Under the Illinois Animal Control Act (510 ILCS 5/16), victims do not have to prove the dog had a history of aggression. If you were bitten by your neighbor’s dog without provocation, you have a legal right to compensation for medical expenses, lost wages, and pain and suffering.

Steps to Take After a Neighbor’s Dog Bites You

1. Seek Medical Attention Immediately

Even minor bites can lead to infections or serious complications like nerve damage. The CDC warns that 1 in 5 dog bites become infected, with risks including rabies, tetanus, and cellulitis.

2. Document Everything

• Take photos of your injuries and the location where the bite occurred.
• Get witness statements if anyone saw the incident.
• Keep records of medical bills and treatments.
• Report the bite to local animal control and the local police department to ensure it is documented.

3. Talk to Your Neighbor

Approach the conversation calmly. Let them know what happened and discuss how you can work together toward a resolution. Many homeowners have insurance policies that cover dog bite claims, so they may not have to pay out of pocket.

4. Check Their Homeowner’s Insurance Policy

Most homeowners’ insurance policies cover dog bite liability. According to the Insurance Information Institute, homeowners’ insurers paid $1.136 billion for dog bite claims in 2022. If your neighbor has insurance, their policy may cover your medical bills, lost wages, and pain and suffering.

5. File a Claim, Not a Lawsuit (If Possible)

If your neighbor is cooperative, you can file a claim directly with their insurance company. This allows you to receive compensation without taking legal action, which could help preserve your relationship.

6. Know When Legal Action May Be Necessary

If your neighbor refuses to cooperate or their insurance denies the claim, you may have to file a lawsuit. Illinois law allows victims to sue for damages generally within two years of the incident under the state’s statute of limitations.

How to Handle a Claim Without Damaging Your Relationship

1. Communicate Openly and Honestly

Your neighbor may feel defensive or guilty. Reassure them that your goal is to get medical expenses covered rather than cause financial hardship.

2. Emphasize Insurance Coverage

Many dog owners don’t realize that their homeowners’ insurance typically covers dog bite liability. Let them know that their policy, not their personal finances, will likely pay for your claim.

3. Keep Legal Talk Professional, Not Personal

If legal action is necessary, focus on the facts rather than emotions. Explain that seeking compensation is about covering your costs, not attacking them personally.

4. Consider Mediation

Mediation is a way to resolve disputes with the help of a neutral third party. This can help you reach an agreement without going to court and straining your relationship.

Preventing Future Incidents

If you and your neighbor want to maintain a good relationship, working together on prevention is key. Encourage them to:

• Secure their yard with a sturdy fence.
• Train their dog using professional obedience classes.
• Use a leash in public areas.
• Supervise interactions between their dog and visitors.

Contact the Award-Winning Illinois Dog Bite Lawyers at John J. Malm & Associates

A dog bite from a neighbor’s pet can be stressful, but handling it carefully can lead to a fair resolution while preserving your relationship. Knowing your rights under Illinois’ strict liability laws, documenting your injuries, and filing an insurance claim rather than immediately pursuing a lawsuit can help you recover damages without unnecessary conflict.

If you were attacked by a neighbor’s dog, contact John J. Malm & Associates for a free consultation. Our Naperville dog bite attorneys have over 90 years of combined experience representing dog attack victims throughout Illinois. Let us help you.