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Illinois Dog Bite Statute Case Study

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Illinois Dog Bite Statute
An owner of a dog is liable for damages resulting from its bite if:
(1) without provocation the dog,
(2) attacks, or attempts to attack, or injures a person who is
(3) peaceably conducting themself in
(4) a place they may lawfully be.
Ann. 5/16 (2012).
All four elements of the statute must be met for a person to be liable for the actions of his dog. If any element of the statute is missing the plaintiff may not recover damages. Ill. Comp. Stat. Ann. 5/16 (2012). Mr. Woodley is likely to survive a motion to dismiss because he appears to meet the minimum threshold to establish a legal claim under the Illinois Dog Bite Statute. Element two (attack) is not disputed by either party.
Lack of Provocation Provocation is the intentional or unintentional contact or attempted contact …show more content…
Logic would indicate that a person's permitted presence is lawful and the court supported this assertion in Nelson when it determined that the plaintiff's permitted playing in a neighbor's yard constituted legal presence. Nelson at 3. In Messa and Dobrin the courts both determined that a person who entered what appeared to be a public access area, which did not have any signs prohibiting the public, possessed a legal right to be there. See Messa at 3, Dobrin at 2. All three cases establish the required elements for legal presence: permission, or a lack of notice that a person's presence is unwanted in an area normally permissible for the public. The Woodleys can prove that they had a legal right to enter Bridget Lee's yard. Since the Woodleys were legally at the zoo, Ms. Lee's residence looked like other brick buildings at the zoo, possessed a public pathway, and the residence lacked any signs prohibiting the public from entering the property, the court should rule that the Woodley's presence was

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