Docherty v. Sadler
Illinois Appellate Court
689 N.E.2d 332 (1997)
- Written by Rich Walter, JD
Facts
Before leaving town for five days, Roger Sadler (defendant) arranged for his 10-year-old neighbor, Philip Docherty (plaintiff), to care for Sadler’s dog during Sadler’s absence. Docherty’s assignment included feeding, watering, and exercising the dog. One day, Docherty let the dog outside to play. In the course of play, the dog knocked down Docherty. Docherty suffered serious injuries as a result. Docherty’s father (plaintiff) sued Sadler on his son’s behalf. The trial court summarily dismissed the suit. The court ruled that, within the meaning of the Illinois Animal Control Act (ACA), Philip was the dog’s “owner” at the time of the incident in question and therefore ineligible for damages. On appeal to the Illinois Appellate Court, Docherty and his father argued that Docherty had no way of knowing, and therefore did not assume the risk, that the dog was capable of inflicting serious injury.
Rule of Law
Issue
Holding and Reasoning (Knecht, J.)
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