Friday, July 31, 2009

I DIDN'T KNOW DEFENSE WON'T WORK


By David McCarthy

The I-didn't-know defense will not work for the owner of a dog who bites someone. A statute has anachronized the old every-dog-gets-one-bite rule of the common law. The victim need not prove that the owner was negligent in handling the dog or knew the dog was inclined to bite people. If the victim has a right to be where he is, and the dog bites without provocation, the owner is liable. (510 ILCS 5/16).

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