Discussion On The Death Of Animal

1500 WordsSep 26, 20146 Pages
DISCUSSION In Illinois, if an animal injures or attacks a person who does not provoke, is acting peaceably, and are injured in a place where that person is lawfully allowed to be, then the owner of that animal can be liable for the injuries that the person sustains. The Illinois statute states, "If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained." 510 Ill. Comp. Stat. Ann. 5/16 (West 2003). There are four elements that must be met or proven, by the injuried party, in order for the owner to be held liable: (1) the person must…show more content…
There must be a sign or notice that is easily seen and read, inside or outside the premises that would dictate a person’s legal right to be or not be in the area. See id at 875-876, 344 N.E.2d 268, 392-393. This element was shown in Messa v. Sullivan in which the court affirmed that Betty Messa was lawfully present when the attack occurred because there were no signs or notices anywhere on or in the building, indicating that the fifth floor was a residence and not a business. Messa entered Keyman’s Club building with the purpose of selling printed cards that had the deaf and dumb alphabet on them. There were notices and signs that the building was utilized by businesses, but nothing on the directory or the building indicating that the fifth floor was used as a residence and that it was not legal for anyone to be on that floor. The elevator that was could be utilized by anyone, including Messa, went to the fifth floor. The door Messa opened was a manual door, heavy, and although it could be locked with a key, was not locked. The manual door had a sign that indicated there was a vicious police dog on that floor, but the sign was on a sliding door and not easily noticed or seen except for a quick second when the door was being opened. See id at 874, 344 N.E.2d 268, 389. Messa exited the elevator and turned left in the hallway when suddenly the Sullivan’s dog, which was
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