Malott v. Hart

The plaintiffs, Mr. and Mrs. Malott, brought suit against the defendant, William Dwight Hart, pursuant to the Animal Control Act (Ill. Rev. Stat. 1985, ch. 8, par. 351 et seq. (Act)). The Act provides in pertinent part:

“If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained.” (Ill. Rev. Stat. 1985, ch. 8, par. 366.)

The facts giving rise to the suit are as follows. The defendant is…