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Wednesday, May 13, 2015

Court Interprets Dangerous Animal Defense of Provocation


The City of Chicago sent a "letter of determination" to Wortham that her three Rottweilers were deemed to be "dangerous animals" under the City Code.  The notice came after the three dogs broke away from their leash and attacked another dog, resulting in significant injuries to the other dog. 

At the hearing, Wortham argued "provocation" in defense of her dogs - i.e., that the injured dog was the aggressor.  However, the administrative judge rejected that argument, finding that the provocation defense only applies when a dog is provoked by a person, not another dog, under the clear language of the city code. The court agreed with the administrative judge and upheld the City's determination that the dogs were "dangerous animals" under the city's ordinance. Wortham v. City of Chicago, 2015 IL App (1st) 131735

Post Authored by Julie Tappendorf

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