Cieslewicz v. Forest Preserve District
Illinois Appellate Court
973 N.E.2d 370 (2012)
- Written by Rich Walter, JD
Facts
Steven Cieslewicz (plaintiff) administered the estate of a woman who was attacked and killed by an aggressive dog on park property owned by the Forest Preserve District of Cook County, Illinois (district) (defendant). Cieslewicz sued the district under the Illinois Animal Control Act (ACA), which imposed liability for unprovoked dog attacks on the dog’s owner. At the time, the ACA defined a dog’s owner, in part, as one who harbors or keeps the dog on his or her premises. The evidence indicated that park rangers had seen the distinctively marked attack dog once or twice and that the rangers frequently received reports of dogs straying onto park property. The rangers responded to these reports by regularly patrolling the park and removing any stray dogs the rangers encountered. The trial court granted summary judgment for the district. Cieslewicz appealed to the Illinois Appellate Court.
Rule of Law
Issue
Holding and Reasoning (Lampkin, J.)
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