Illinois

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Hoaward Stein, Susan Stein, Steven Glasser, Gail Glasser, Joel Hodes, Netiva Caftori, Eric Cooper, Norman Cooper v. Dr. Todd Pri This Illinois action brings forth the claims of four sets of plaintiffs for various claims against defendant-veterinarian. While the specific facts concerning the alleged wrongdoings are not provided, it appears that defendant was a veterinarian who operated a medical center and animal boarding facility. Plaintiffs all raise four counts against defendant (breach of contract, negligence, malpractice, and bailment) for the deaths of their dogs. From each set of facts, the various plaintiffs allege that their dogs were in good health prior to boarding their dogs at defendant’s facility, and each dog subsequently died in its cage. In the negligence and malpractice counts, the plaintiffs note that defendants failed to provide an adequate environment to ensure the dogs’ safety, failed to provide adequate ventilation, failed to sterilize the boarding area after sick animals had been housed there, and then failed to properly preserve the companion animals to ensure accurate necropsies, among other things. All plaintiffs sought both actual damages for the loss of their companions as well as damages related to their “reasonable sentimental value.”
Howle v. Aqua Illinois, Inc. As the result of a dog bite on the defendant’s rental property, the plaintiff suffered a torn cheek and irreparable damage to her ear. The plaintiff therefore attempted to recover damages from the defendant on the common law theory of negligence and through Illinois’ Animal Control Act. The trial court, however, dismissed the Animal Control Act claim and, later, granted the defendant’s motion for summary judgment on the negligence claim. Upon appeal, the appellate court affirmed the lower court’s decision, though it stated a motion for summary judgment was more appropriate then the motion to dismiss for the Animal Control Act claim.   
IL - Assistance Animals - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
IL - Cruelty - Horse Mutilation Act This act text prevents the docking of horses' tails. Violation results in a Class A misdemeanor.
IL - Cruelty Generally - Consolidated Cruelty Statutes (Humane Care for Animals Act) This comprehensive Humane Care of Animals Act from Illinois gives the requisite anti-cruelty provisions. "Animal" means every living creature, domestic or wild, but does not include man. Notably, the Act includes a provisions for psychological counseling for a person convicted of violating this section. An individual is guilty of a Class B misdemeanor for the first offense and a second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense. The Act includes special provisions for juveniles and "companion animal hoarders" (510 ILCS 70/2.10). The cruelty provisions are listed at 510 ILCS 70/3.01, 3.02, and 3.03. The statute also prohibits the marketing and distribution of depictions of animal torture or cruelty for entertainment purposes (510 ILCS 70/3.03-1).
IL - Cruelty, reporting - 5/11.8. Cross-reporting This Illinois law states that Investigation Specialists, Intact Family Specialists, and Placement Specialists employed by the Department of Children and Family Services who reasonably believe that an animal observed by them when in their professional or official capacity is being abused or neglected in violation of the Humane Care for Animals Act must immediately make a written or oral report to the Department of Agriculture's Bureau of Animal Health and Welfare.
IL - Disaster - Illinois Emergency Management Agency Act. 3305/4. Definitions. The Illinois' Illinois Emergency Management Agency Act defines Emergency Operations Plan as the written plan of the State and political subdivisions describing the organization, mission, and functions of the government and supporting services for responding to and recovering from disasters and shall include plans that take into account the needs of those individuals with household pets and service animals following a major disaster or emergency.
IL - Divorce - Act 5. Illinois Marriage and Dissolution of Marriage Act Effective January 1, 2018, the Illinois Legislature amended several provisions under Act 5, the Illinois Marriage and Dissolution of Marriage Act. Under the Joint Simplified Dissolution Procedure, the amendments added the following requirement to the conditions that must be present to do a simplified dissolution: (k) The parties have executed a written agreement allocating ownership of and responsibility for any companion animals owned by the parties. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act." Under Part V, "Property, Support and Attorney Fees," three sections were amended. Section 5/501 deals with temporary relief and amendments in 2018 added subsection (f): "Companion animals. Either party may petition or move for the temporary allocation of sole or joint possession of and responsibility for a companion animal jointly owned by the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal." In Section 5/502 on amicable settlement agreements between parties, the following provision was added to subsection (a): "The parties may also enter into an agreement allocating the sole or joint ownership of or responsibility for a companion animal. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act. Any agreement pursuant to this Section must be in writing, except for good cause shown with the approval of the court, before proceeding to an oral prove up." Finally, under § 503 on "Disposition of property and debts," amendments added this subsection: "(n) If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act."
IL - Dog Bite - Chapter 510. Animals This Illinois statute provides the health procedure for dog bites. When a state health administrator receives information that any person has been bitten by an animal, the administrator shall have such dog or other animal confined under the observation of a licensed veterinarian for a period of not less than 10 days. People with knowledge of dog bites are required to inform the administrator or his or her representative promptly. It is unlawful for the owner of the animal to euthanize, sell, give away, or otherwise dispose of any animal known to have bitten a person, until it is released by the administrator.
IL - Dog Fighting - Chapter 720. Criminal Offenses The following statute comprises Illinois' dogfighting law. Under the law, it is a felony to promote or instigate a fight, or to train or sell a dog for dogfighting purposes. Further, no person may solicit a minor to violate this Section. Providing equipment or aiding in providing equipment for a fight is also a felony. Knowingly attending a dogfight is a Class 4 felony for a first violation. A second or subsequent violation of subsection (g) of this Section is a Class 3 felony.

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