1. Cody Krilich
Legal Research and Writing
5 February 2014
Beckert v. Risberg, 50 Ill. App. 2d 100, 199 N.E.2d 811 (1st Dist. 1964)
Facts
On April 3rd, 1963 the plaintiff, Andrew Beckert and his parents, filed an amended complaint
against the defendant, L.C. Risberg, for a dog bite that occurred on May 14th of the same year.
Andrew, a three year old, without provocation was attacked by Risberg’s dog, causing injuries.
Risberg was found guilty of not taking proper precautions to prevent injury by his dog and was
liable for the injuries Andrew sustained.
The case was reversed and remanded because originally it was tried as a negligence case, when
in fact it should have been tried as an intentional tort. The defendant then used a negligence
defense that confused the jury on the real facts of the case. The case must be retried under the
correct theory. Justice Sullivan stated that “if properly instructed, the jury could have concluded
the plaintiff was peaceably conducting himself in a place he had the right to be, and there was no
provocation at the time of the attack”.
Procedural History
The Oak Park Municipal Court found in favor of the plaintiff. On June 18th, 1964, the appellate
court tried the case and reversed. On July 23, 1964, a rehearing of the case was denied. The case
was reversed and remanded due to prejudicial error.
Issue
Whether the elements of cause of action under the dog bite statue were met.
Holding
Yes, the elements of cause of action under the dog bite statue were met.
Rule of Law
The elements of cause of action under the dog bit statute are 1) injury cause by a dog owned or
harbored by defendant 2) lack of provocation 3) peaceable conduct of the person injured 4) and
the presence of the person injured in a place they had the right to be.
Rationale
The court ruled the trial must be retried because the case was being tried under the negligence
theory instead of as an intentional tort. Negligence and contributory negligence are not elements
of cause of action or defense under this statute.
Deposition/Conclusion
Reversed and remanded