Plaintiff filed a lawsuit after she was injured while riding a horse, asserting claims for negligence and violation of the Animal Control Act. The district court granted summary judgment for defendant, finding that the Equine Activity Liability Act barred the negligence claim and preempted the Animal Control Act claim. The appellate court affirmed, explaining that to find that the Animal Control Act imposed strict liability under the facts of the case would undermine the Equine Act so that the Equine Act preempted the provisions of the Animal Control Act and that the latter would continue to control cases involving injuries involving animals other than horses. The appellate court also explained that the specific statutory provision, the Equine Act, controlled over the general statutory provision, the Animal Control Act. (HETTEL and BERTANI, concurring)
Illinois Appellate Court
Civil Court
Equine Activities Liability Act