An attack by two pit bulls in McHenry County has led to a lawsuit against the owner and handler of the two dogs. The Chicago Tribune reports that Steven Cuda, a former mayor of McHenry, and his wife Annette, have filed a lawsuit against the owner of the dogs and the man who was responsible for letting the dogs out.

As reported by the Tribune, Mr. Cuda claims that he was taking his golden retriever for a walk when it was attacked by one of the pit bulls. As Mr. Cuda was trying pull the pit bull off, the second pit bull attacked him and his dog. Annette Cuda says she heard her husband and rushed to help him. She also sustained a bite to her hand.

Pit bull attacks are a source of considerable controversy. Over a dozen states allow municipalities to enact breed specific legislation, including bans on pit bulls; Illinois is not one of those states.

Illinois Public Act 093-0548 prohibits municipalities from enacting ordinances that are specific to certain breeds. Over the years, lawmakers have tried to remove the ban on breed specific legislation, but the proposals have never become law. Even while the ban is in place, nine cities in Illinois have actually enacted ordinances that are in conflict with the ban. McHenry is not one of those cities, and nothing in the Tribune report indicates that Mr. and Mrs. Cuda believe that the law should treat Pit Bulls differently than other dogs. Most cities, including Park Ridge, have non-breed specific ordinances that regulate how pet owners must identify and control dogs that are, or become, dangerous.

If you have any questions regarding breed specific legislation, or the laws in your town, please contact us at LauraLaw.org.