The Miller Law Group Wins Dog Bite Case Alleging A Violation of the Animal Control Act And Negligence

The Miller Law Group recently defended a dog-friendly tavern in Cook County. The plaintiff was a customer at the local tavern. Another customer, brought their dog to the tavern who later that day bit the plaintiff.  The plaintiff filed suit alleging a violation of the Illinois Animal Control Act and common law negligence.

The Animal Control Act states that an owner is liable if their dog, without provocation, attacks a person. The term “owner” is defined broadly under the Act to include any person who keeps, harbors, cares for, or acts as a custodian of the dog. The Miller Law Group filed a motion for summary judgment arguing that the Animal Control Act did not apply because the tavern was not the “owner” of the dog. The court agreed. The court found that the tavern was not the owner of the dog simply because it allowed the dog on its property and dismissed the claim.

The Miller Law Group also filed a motion for summary judgment on plaintiff’s common law negligence claim. Under Illinois law, a dog is presumed to be docile and harmless, unless there is evidence of prior dangerous behavior. In order for plaintiff to succeed on the negligence claim, the plaintiff was required to present some evidence showing that the tavern knew or had reason to know that the dog was dangerous. There was no such evidence and the court granted the motion for summary judgment. The entire case was dismissed and the Miller Law Group secured yet another victory for its client by way of summary judgment