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The Facts
A “dangerous dog” is any dog which when not muzzled, unleashed, or unattended by its owner, or member of its owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public place.
A vicious dog is one that:
- When unprovoked, bites or attacks a human being or other domestic animal;
- Has a known propensity, tendency, or disposition to attack without provocation, to cause injury or otherwise endanger the safety of human beings or domestic animals; or
- Has a trait or characteristic and a generally-known reputation for viciousness, dangerousness, or unprovoked attacks on a human or other animals, unless handled in a particular manner or with special equipment.
The Law
Liability Statute
Under this statute, a person injured by a dog can recover damages against the dog’s owner if he or she proves:
- That the injured person was in a place where he had a legal right to be at the time of the injury.
- That the injured person was acting in a peaceful manner at the time of the injury.
- That the injured person did not provoke the attack.
- That the defendant owned the dog.
- That the dog caused the injury.
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Legal Responsibilities of Dog Owners
Vicious dogs must be enclosed in a fence or structure at least 6 feet high that prevents entry of young children and prevents escape of the animal. The only times a vicious dog is allowed outside the enclosure are to go to the vet or to comply with a court order. During these times, the dog must be securely muzzled and restrained with a chain having a tensile strength of 300 pounds and not exceeding 3 feet in length. In Illinois, each county regulates the liability of dangerous dog owners. |