Scollard v. Williams
2023 IL App (1st) 220464 (2023)
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Rule of Law:
A person who voluntarily and cautiously attempts to help a lost, injured animal does not, as a matter of law, assume the risk of injury or become an 'owner' under the Illinois Animal Control Act. Whether such a person's actions constitute provocation or assumption of risk are questions of fact for a jury.
Facts:
- Jo'Landa Williams's dog, Ace, escaped from her fenced backyard.
- Heydi D'Leon and Catherine Smith found Ace on a sidewalk, observing that he was injured and walking with a limp.
- D'Leon posted about the lost and injured dog on a Facebook group for lost pets in southwest Chicago.
- Ashley Scollard, a volunteer with animal rescue experience, saw the Facebook post and went to the location to assist.
- Scollard interacted with Ace by sitting with him and petting him. There were conflicting accounts as to whether Ace approached her or she approached Ace.
- After Scollard had been petting Ace for approximately 20-30 minutes, he bit her hand.
- A veterinarian later determined that Ace had a dislocated right hip, which would have caused him significant pain.
Procedural Posture:
- Ashley Scollard sued Jo'Landa Williams in the Circuit Court of Cook County, alleging violations of the Animal Control Act and negligence.
- Williams filed a motion for summary judgment on both counts.
- The trial court granted summary judgment in favor of Williams, finding Scollard had assumed the risk under the Animal Control Act count and that Williams owed no duty under the negligence count.
- Scollard, as appellant, appealed the trial court's summary judgment ruling on the Animal Control Act count to the Appellate Court of Illinois, First District. Williams is the appellee.
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Issue:
Does a person who voluntarily attempts to help a lost and injured dog assume the risk of being bitten or provoke the dog as a matter of law, thereby precluding recovery under the Illinois Animal Control Act?
Opinions:
Majority - Presiding Justice Lampkin
No. A person who voluntarily attempts to help a lost and injured dog does not, as a matter of law, assume the risk of being bitten or provoke the dog, and genuine issues of material fact preclude summary judgment. The court reasoned that Williams remained an 'owner' under the Act because she did not voluntarily relinquish control of Ace to a responsible entity that could be expected to exercise 'tight control' over him. Scollard did not become an 'owner' herself because merely petting and accompanying a lost animal are not actions akin to ownership, such as feeding, harboring, or taking control. Regarding assumption of risk, the court found a genuine issue of material fact based on conflicting testimony; Scollard testified she was cautious and waited for the dog to approach her, while other witnesses stated she was 'too comfortable' and continued petting Ace even after he showed signs of agitation. The court also held that provocation was not established as a matter of law. While petting a dog is not generally provocation, Scollard's own statement that Ace 'was just hurt' and conflicting accounts of other events (like being tapped by an umbrella) created a question of fact for the jury to resolve.
Analysis:
This decision clarifies that the assumption of risk doctrine under the Illinois Animal Control Act does not create a bright-line rule barring recovery for 'good samaritan' rescuers who are injured while helping animals. By reversing summary judgment, the court emphasizes that these cases are highly fact-dependent and that questions of provocation and assumption of risk are typically for a jury, not a judge, to decide. The ruling protects individuals who attempt to help lost or injured pets from being automatically excluded from the Act's protections, thereby making it more difficult for dog owners to evade liability by arguing the victim 'brought it on themselves' simply by offering aid.
