Docherty v. Sadler

Minor plaintiff, Philip Docherty, was injured when defendant’s dog collided with him. Minor plaintiff’s father brought a complaint under the Animal Control Act (Act) (510 ILCS 5/1 et seq. (West 1996)). Defendant moved to dismiss, stating minor plaintiff was an "owner” for purposes of the Act and thereby exempt from protection under the Act. The trial court granted defendant’s motion and dismissed the complaint with prejudice. Plaintiffs appeal, arguing minor plaintiff was not clearly aware of the risks that ultimately produced the injury and could not have assumed the risk of injury.

I.…