Legal Question in Civil Litigation in Illinois
My adult son (30 years old) was at my house without my permission with his dog. He obtained permission to come to my house from my wife-we are separated. I am the only person on the lease. My son let his dog out without being leashed and his dog attacked my neighbors dog without provocation. After $2000 in vet bills the neighbor had to put the dog down because of complications from the surgery. As the Lessee, am I 100% liable for the vet bills? What about cost for the dog? They have a Bill of Sale for the dog totalling $1500. Do I have to pay that amount or replacement of the dog?
2 Answers from Attorneys
This is a tough, sad case. Where was your son's dog when the attack occurred? Provocation can mean many things in terms of dog law. I would strongly recommend you contact an attorney. You mentioned that you are the lessee. If you are renting, you will want to contact your landlord immediately and also your renter's covereage if you have such coverage to determine if they will cover this loss.
This is indeed a sad case. There is recent Illinois case law which provides that a dog owner or the person responsible for the dog is responsible for the cost of reasonable vet bills incurred in trying to save the other animal. In addition, that person(s) would also be responsible for the reasonable cost of a replacement dog. Obviously, your son is mostly negligent, but he may not have appropriate insurance. If you have not reported this to your own insurance company, you need to do so as soon as possible. Your wife may also be responsible for allowing the dog to come on to the property with insufficient supervision. Finally, this matter is almost certainly going to be governed by the "Illinois Animal Control Act".