Q: How am I liable for someone else's dog?
I lived with a man in a house. He rented the house and everything in the house was in his name. Nothing belonged to me. He had a dog that never acted mean but ended up biting the mailman one afternoon. I am being sued. In the paperwork it says I was an owner. Animal control took the report and said that my name was never listed on the report as an owner, that his name was. I wasn't on the lease. I did not have renter's insurance because I wasn't renting. I do not talk to the owner of the dog anymore. I was in the process of moving out when this happened. I don't understand why I am liable when this wasn't my dog!
A: You will likely not be found liable if it is not your house, and it was not your dog. That said, if you were named in the lawsuit, you will have to defend the case so the plaintiff does not obtain a default judgment against you. I would recommend consulting with an Illinois attorney individually to discuss your options moving forward.
A: You were sued in all liklihood because they didn't know who owned the dog. You need to file an answer to the complaint if you were served with papers. They have the burden of proof of showing you owned the dog, but if you get served with papers you still need to respond.
A: You should strongly consider hiring a lawyer to defend your claim. Under the Animal Control Act, "Owner" means any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. (510 ILCS 5/2.16).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
