Motion to Dismiss Granted in Dog Bite Case Against Pet Adoption Organization

Steve Johnson and Kyle Lewis filed a successful motion to dismiss on behalf of a Defendant Pet Adoption Organization.  Plaintiff, one of the Dog Adoption Organization’s volunteers, was bitten on the nose when the dog she was handling at a pet adoption show became spooked.  Plaintiff filed claims against the Organization under the Animal Control Act and for negligence.  Plaintiff had signed a ‘waiver and release,’ which the court agreed was enforceable, as the Plaintiff who was a current dog owner and had experience with dogs, understood and accepted the risk of being bitten by a dog while volunteering for the Organization.  The court also agreed that the Animal Control Act count had to be dismissed on the additional ground that the Plaintiff could not bring suit under the Act where she was the one handling the dog at the time of the incident, and was not an ‘innocent bystander’ that the Act intended to protect.