Can You Sue a Landlord After a Dog Attack in an Apartment?
When a tenant’s dog attacks someone in a Chicago apartment building, the dog’s owner is liable under Illinois strict liability law. But what about the landlord? Can the person who owns the building be held responsible too? The answer is yes, in certain circumstances. While landlords are not automatically liable for every dog bite that happens on their property, Illinois law allows victims to hold landlords accountable when they knew about a dangerous dog and failed to act. This can make a significant difference in your case, especially if the dog’s owner has no insurance or limited assets.
Illinois Strict Liability and Dog Owners
Under 510 ILCS 5/16, the owner of a dog that attacks someone is strictly liable for damages. The victim does not need to prove the owner was negligent. They only need to show the dog attacked them, they were in a place they had a right to be, and they did not provoke the dog. This law clearly applies to the tenant who owns the dog. But what about the landlord who owns the building?
When a Landlord Can Be Held Liable
Illinois courts have recognized several situations where a landlord may be liable for a tenant’s dog attack.
The Landlord Knew the Dog Was Dangerous
If the landlord received complaints about a dog, witnessed aggressive behavior, or knew the dog had bitten someone before, they may be liable. Knowledge is the key factor. A landlord who knows about a dangerous animal on their property and does nothing to protect other tenants and visitors can be held responsible. Evidence of knowledge can include written complaints from other tenants, police or animal control reports about the dog, conversations between the landlord and tenants about the dog’s behavior, and notices from the landlord asking the tenant to control their dog.
The Landlord Had the Ability to Remove the Dog
Knowledge alone is not enough. The landlord must also have had the power to do something about the situation. This usually comes down to the lease agreement. If the lease includes a pet policy, a no-pets clause, or a clause allowing the landlord to remove dangerous animals, the landlord had the ability to act. If the lease has a breed restriction and the tenant brought in a restricted breed, the landlord had grounds to enforce the restriction. If the lease allows the landlord to require removal of animals that disturb other tenants or pose a safety risk, the landlord had the authority to act.
The Landlord Was a “Keeper” or “Harborer” of the Dog
In some cases, a landlord may be considered a keeper or harborer of the dog under the Animal Control Act. This is more common when the landlord lives in the same building, interacts with the dog regularly, or exercises some control over the animal. A landlord who feeds the dog, walks it, or allows it in common areas may be treated as a keeper.
Common Areas and Landlord Responsibility
Landlords have a general duty to maintain safe common areas in their buildings. This includes hallways, stairwells, lobbies, laundry rooms, courtyards, and parking areas. If a dog attacks someone in a common area, the landlord’s liability may be stronger than if the attack happened inside the tenant’s unit. A landlord who allows a known aggressive dog to roam common areas without restriction is creating a dangerous condition. This can support both a strict liability claim and a negligence claim.
Chicago Ordinances and Landlord Duties
Chicago has its own animal control ordinances in addition to state law. The Chicago Municipal Code requires dogs to be leashed in public areas and prohibits owners from allowing their dogs to be a nuisance or danger. While these ordinances primarily target dog owners, they can be relevant to landlord liability when the landlord controls the common areas of a building. Chicago also has the Residential Landlord and Tenant Ordinance, which sets out the responsibilities of landlords and tenants. If a lease requires compliance with all applicable laws and ordinances, a tenant who violates animal control laws is also violating their lease. This gives the landlord additional grounds to act.
What Landlords Should Do to Avoid Liability
Landlords in Chicago should take these steps to protect themselves and their tenants:
Include Clear Pet Policies in the Lease
A well-drafted lease should address pets directly. It should specify whether pets are allowed, any breed or size restrictions, requirements for vaccinations and licensing, and the landlord’s right to require removal of dangerous animals.
Respond to Complaints Promptly
When a tenant reports an aggressive dog, the landlord should investigate immediately. Document every complaint. Talk to the dog’s owner. If the dog poses a danger, give the tenant written notice to remove the animal or face eviction.
Enforce the Lease
A pet policy is only useful if the landlord enforces it. Ignoring violations sends the message that the landlord does not take tenant safety seriously. It also creates evidence that the landlord knew about the problem and chose not to act.
Real-World Scenarios in Chicago
Scenario 1: The Aggressive Dog in the Hallway
A tenant’s pit bull has growled at and lunged at other tenants in the building’s hallway on multiple occasions. Several tenants have complained to the landlord in writing. The landlord asks the dog’s owner to keep the dog on a leash in common areas but takes no further action. Two months later, the dog bites a delivery driver in the hallway. The landlord may be liable because they knew the dog was dangerous and had the ability to require its removal.
Scenario 2: The No-Pets Building
A tenant in a no-pets building secretly keeps a dog. The landlord does not know about the dog. The dog bites a visitor inside the tenant’s apartment. In this case, the landlord would likely not be liable because they did not know about the dog and had no reason to know.
Scenario 3: The Dog-Friendly Building
A landlord operates a dog-friendly building and allows dogs in common areas. A tenant’s dog that has never shown aggression suddenly bites another tenant in the courtyard. The landlord may have limited liability here because they had no knowledge the specific dog was dangerous. However, if the landlord had a policy of not checking vaccination records or not screening dogs, a negligence argument might still apply.
Filing a Claim Against a Landlord
If you were bitten by a dog in a Chicago apartment building, you may have claims against both the dog’s owner and the landlord. Here is what you need to know:
Gather Evidence of the Landlord’s Knowledge
Collect any evidence showing the landlord knew about the dog or its dangerous behavior. This includes emails, text messages, written complaints, maintenance requests that mention the dog, and statements from other tenants.
Review the Lease
Obtain a copy of the lease to determine what pet policies were in place. If the dog violated the lease terms, the landlord had grounds to act and their failure to do so strengthens your claim.
Identify Insurance Coverage
Landlords typically carry liability insurance on their properties. This is often a separate policy from the tenant’s renter’s insurance. Understanding insurance and liability is critical. A lawyer can help identify all available insurance policies and maximize your recovery.
Document Your Injuries
As with any dog bite case, document your injuries thoroughly. Photograph wounds, keep medical records, track your expenses, and note the emotional impact. Dog bites can cause serious injuries including fractures, infections, and scarring.
Damages You Can Recover
If a landlord is found liable for a dog attack in their building, you can recover compensation for: – Medical bills, including surgery, wound care, and rehabilitation – Lost wages from time missed at work – Pain and suffering – Emotional distress and psychological trauma – Scarring and disfigurement – Future medical treatment In fatal attacks, the victim’s family can pursue a wrongful death claim against both the dog owner and the landlord.
The Statute of Limitations
You have two years from the date of the dog attack to file a lawsuit in Illinois. This applies to claims against both the dog owner and the landlord. Do not wait until the deadline approaches. Evidence can disappear, witnesses can move, and memories fade.
Get Legal Help After a Dog Attack in a Chicago Apartment
Dog attacks in apartment buildings raise complicated liability questions. You may be dealing with the dog owner, the landlord, and multiple insurance companies. Having a lawyer who handles these cases regularly makes a real difference. Call Phillips Law Offices at (312) 346-4262 or contact us online at /contact/ for a free consultation. We will review your case, identify every liable party, and fight for the compensation you deserve.