How Breed-Specific Legislation Impacts Dog Bite Lawsuits

Law Office of Jack M. Shapiro, P.C.
American staffordshire terrier running over a man

If you or a loved one is recovering from a dog bite, chances are you’re dealing with more than just physical wounds. You might be facing medical bills, emotional trauma, time off work, and legal uncertainty. When you start digging into the legal side of things, you’ll quickly discover that breed-specific legislation (BSL) can have a real impact on how a dog bite lawsuit plays out.

In these cases, it's vital to hire someone who understands the law, the court system, and the nuances of breed-specific regulations. At the Law Office of Jack M. Shapiro, P.C. in Buffalo Grove, Illinois, I focus on the rights of my clients throughout the process and work to pursue the appropriate legal damages with compassion and dedication. Contact me today.

What Does Breed-Specific Mean?

Breed-specific legislation refers to laws or local ordinances that restrict or ban the ownership of certain dog breeds. These laws are typically passed to prevent attacks or protect the public from what are perceived as dangerous dogs. Commonly targeted breeds include pit bulls, Rottweilers, Dobermans, and others that are stereotyped as aggressive.

When a dog bite lawsuit involves a breed that's listed under breed-specific legislation, it can change how the case is approached, evaluated, and resolved. These types of cases can involve three main types of damages as compensation: economic damages, non-economic damages, and punitive damages.

The Big Legal Picture

Attorneys who work regularly in dog bite cases bring more than just legal knowledge; they bring peace of mind. They’ll explain your rights, help you gather evidence, and develop a strategy that considers not just the incident but also the larger legal environment around it, including breed-specific considerations. 

Attorneys know how local and state laws interact. Even if Illinois doesn't enforce statewide breed bans, some cities or counties might still have local ordinances in place. And these can affect your claim in a dog bite lawsuit in ways most people wouldn’t expect. The complications in a dog bite case are often numerous.

For instance, if the dog’s breed falls under a restriction, the owner may already be considered negligent for simply owning the dog. That makes proving your case a lot easier, but only if it’s properly leveraged. On the flip side, if you’re falsely accused or if your pet was wrongly profiled, it’s vital to defend against unjust penalties.

In both scenarios, the legal strategy changes dramatically depending on how breed-specific laws apply. And without the right legal guidance, it’s easy to miss key opportunities or make costly mistakes. At the Law Office of Jack M. Shapiro, P.C., I review your case thoroughly and make sure that all these stipulations have been considered.

The Breed-Specific Prejudices

Breed-specific legislation can influence your lawsuit in several specific ways, all of which require experienced legal attention. These laws might change how liability is determined, influence how much compensation is awarded, or even impact how juries view your case. When a dog is listed under a breed-specific restriction, it may create a legal presumption that the dog is dangerous. 

This can help your case if you’re the victim, because proving negligence or liability might become easier. However, the flip side is that the dog’s owner might have been extra cautious, fully licensed, and compliant with all regulations, which an attorney would need to prove in order to defend the owner.

Some insurance companies won’t cover specific breeds, or they’ll require additional riders or exclusions. That matters a lot in dog bite cases, because insurance is usually where the money comes from. If you’re the injured party and the dog owner’s insurance excludes coverage due to BSL, your attorney may need to pursue other compensation options. 

Unfortunately, breed-specific laws can reinforce public bias. Jurors might come in with preconceived ideas about certain dog breeds being "more dangerous," and that can affect the outcome of a dog bite lawsuit. Jury selection and evidence presentation become even more important in these situations.  

The Core Services 

When you hire an attorney for a dog bite lawsuit, you're bringing in someone with a specific skill set tailored to protecting your rights and building your case. Their role is much more hands-on than many people expect. The Law Office of Jack M. Shapiro, P.C. works through a series of steps that directly impact the strength and success of your claim.

  • Thorough case evaluation: Your attorney reviews the details of your case, considers any relevant breed-specific legislation, and outlines the best legal strategy moving forward.

  • Evidence collection: They collect supporting documentation, including medical records, witness statements, animal control reports, photographs, and veterinary history.

  • Insurance negotiation: Attorneys handle communications with insurance adjusters, presenting well-supported demands and pushing back against low offers.

  • Legal compliance review: They examine whether the dog owner violated local ordinances, such as leash laws or breed-specific restrictions, which can strengthen your claim.

  • Courtroom representation (if necessary): If the case proceeds to trial, your attorney prepares and presents your case, calling expert witnesses and submitting evidence on your behalf.

  • Ongoing client support: Throughout the process, they help you stay informed, organized, and focused on your recovery, taking the legal burden off your plate.

Having this kind of legal structure and advocacy makes a major difference in how your case is handled and how confident you feel throughout the process. It’s not just about legal paperwork; it’s about working with someone who knows exactly what steps to take, when to take them, and how to protect your interests from start to finish. 

The Common Misunderstandings 

It’s easy to assume that if a dog’s breed is banned or restricted, the owner must be at fault and the victim automatically wins. Conversely, people might believe that if a dog has no history of aggression, the law will automatically protect it. Your attorney will make sure that you consider the full picture and act on facts, not just feelings or assumptions.

Another big misunderstanding? That these cases are “small claims.” People sometimes think, “It was just a nip,” or “It didn’t need surgery, so it’s no big deal.” But dog bite injuries can be more serious than they first appear. Infections, scarring, nerve damage, and even PTSD are common. A dog bite lawsuit might be the only way to recover the costs of care and get justice.

The Emotional Reality

There’s no denying that dog bites carry emotional weight. Victims can be children or elderly individuals who were simply in the wrong place at the wrong time. Owners may feel devastated that their pet hurt someone. There’s a lot of fear, anger, and sadness involved. Breed-specific legislation can heighten those feelings even further.

That’s why attorneys do more than just file papers and argue in court. I understand that these cases are about real lives and real pain. At the Law Office of Jack M. Shapiro, P.C., I’m proud to provide support that is life-changing while helping you come to a resolution with as little interruption to your daily life as possible.

The Legal Process

Hiring an attorney for a dog bite lawsuit means putting a legal professional in charge of a step-by-step process designed to build and strengthen your case. It starts with a detailed case review, where the attorney listens to your account and identifies key legal issues. From there, they move into investigation. 

Once they have the facts, the attorney works to establish liability. They examine whether the dog owner broke any laws, failed to secure the dog properly, or ignored breed-related restrictions. At the same time, they handle all communication with insurance companies, prepare demand letters, and negotiate for a fair settlement.

If the case can’t be resolved through negotiation, they prepare for trial—managing filings, discovery, expert witnesses, and courtroom presentation. Dog bite lawsuits can get complicated fast, especially when the dog’s breed is subject to legal restrictions or when liability isn’t clear-cut. 

Reach Out to an Attorney

At the Law Office of Jack M. Shapiro, P.C., I'll help you stand up for your rights, protect your interests, and handle your case with care. I serve clients in Buffalo Grove, Wheeling, Arlington Heights, Deerfield, Lake County, Cook County, DuPage County, McHenry County, Kane County, Northbrook, Libertyville, Vernon Hills, Mount Prospect, Palatine, Rolling Meadows, Prospect Heights, and Highland Park. When you’ve been injured, especially by a dog that falls under breed-specific scrutiny, contact the Law Office of Jack M. Shapiro, P.C. today.