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Illinois Animal Control Act: Owner and Provocation Issues in Franklin v Duncan Case

   

Added on  2019-09-26

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MemorandumCase SolutionStudent Name: Student ID: Course Name: Course ID:Faculty Name: University Name:

MEMORANDUM TO:FROM:RE:DATEISSUEUnder the Illinois Animal Control Act, regarding the way a dog behaves and acts in a particular situation or bites someone apparently after getting provoked. As in the present case, in which Dr. Franklin while partying and playing lost his balance and accidently hurt Tiger (dog), and which in turn got provoked and bit him. During the same time the dog was handled by Ms. Duncan as she had took him under her custody. So, the issue is whether Ms. Duncan may be considered as Tiger’s owner or whether Dr. Franklin provoked Tiger. BRIEF ANSWERProbably both the issues are applicable in this incident. When Dr. Franklin was having a good time with the other guests and playing football in the lawn area, it was quite natural that while playing among so many people it was highly likely that he might collide with someone else or strike something down or for that matter unintentionally hurt someone in the process. So, from that perspective, Dr. Franklin became somewhat careless and smacked on the head of Tiger because of losing his control and therefore Tiger got provoked and bit him. On the other hand, Ms. Duncan was in complete custody of Tiger because it was not the first time when she was

taking care of her as an owner. She has been pampering Tiger for a long time because of being a nice neighbor and Tiger feels comfortable with her as well. So, clearly as per the law, she can be considered as an owner because she was harboring Tiger, was in her care and she was acting as his custodian while the real owner Linda was mingling with the guests meanwhile1. STATEMENT OF FACTSOn the Fourth of July, Ms. Sandy Duncan invited her guests as well as neighbors to the barbecue at her house. Among those guests, Linda Lang was also invited especially along with her dog, Tiger, so that he might not get startle by the fireworks. Dr. Franklin was also one of the invitees present in the party who is also another neighbor. An unwanted incident took place in the middle of the party when Dr. Franklin accidentally fell over Tiger while playing and in response to that Tiger bit him.Now, there are some important facts that need to be looked into in this case. For quite some time,Ms. Duncan has been fond of Tiger a lot as Linda Lang lives next door to her with Tiger. Ms. Duncan has been pampering Tiger in different occasions in the absence of Linda. She has been making sure that Tiger gets fresh water and sufficient food along with letting him out for toileting. Sometimes when Ms. Lang stays away overnight, Ms. Duncan would bring Tiger to herhouse and takes complete care of her. Not just that, she also keeps Tiger’s special food and dog treats with her in case Ms. Lang stays overnight out of her house. 1Illinois Compiled Statutes Ilga.gov, http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1704 (last visited Sep 27, 2016)

So, naturally there must be a strong bond between Tiger and Ms. Duncan on account of these circumstances2. So, based on this close bond, on the day of celebration, Ms. Duncan took the custody of Tiger in her own hands by telling Ms. Lang to go and mingle with the other guests. While taking Tiger’s leash, Ms. Duncan was enjoying socializing with the guests and showing off Tiger at the same time. She was taking complete care of Tiger all this while. So, all of these facts suggest that Ms. Duncan has been acting as if she also owns Tiger and was taking him everywhere with her and therefore it was her responsibility. Ms. Lang, on the other hand, knew that Tiger was also comfortable with Ms. Duncan and therefore she did not care much about him during that time. Now, when Ms. Duncan was walking through the lawn with Tiger where football was being played by some people. Dr. Franklin, who was also playing, lost his balance and unintentionally hit Tiger on his head. Yelling in pain, Tiger bit the hand of Dr. Franklin by tearing through the skin. He underwent a treatment just after that and took care of his tetanus. Now, Dr. Franklin wants to seek damages from Ms. Duncan for the injury that he sustained after the bitten by the dog. He wants to seek the damages on the ground of being emotionally traumatized as well as because of the fact that he is a doctor and makes his living using his hands. DISCUSSIONOwnerIssue2Dangerous Premises. Liability to Trespassers. Injury by Vicious Animal, 24 Harvard Law Review 320 (1911)

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