Dog Bite - Shelter said that the dog had passed a temperment test

I was considering adopting a dog from a rescue shelter in IL. I asked to do a trial period with the dog to ensure things would work out before I commited. The shelter verified that I could do a one week trial period and at the end I could choose to adopt, return, or foster the dog. They also said that the dog had passed a temperment test and was cat friendly. On the first day of having the dog he went after my cat. I seperated them (one behind a closed door and one behind a baby gate in another room) and he broke the door open and broke through the baby gate and proceded to bite the cat. The cat sustained significant injuries and needed emergency surgery. I called the shelter in which I recieved the dog and they refused to take him back. I then brought the dog to the pound to surrender him. I told them the situation and they said that since I was on the week trial period, the dog was not mine. They called the shelter owner and she refused to come get the dog or transfer ownership to the pound. They impounded him for a 10-day rabies observation and encouraged me to go to small claims court to seek reimbursement for the cats medical expenses as the dog was still owned by the shelter during this one week trial period.

I emailed the shelter and they refused to pay any of the vet bills because I had signed an adoption contract. Prior to receiving the dog, the representative from the shelter told me I had to sign the contract even if I was going to do the trial period. They are now using the contract to say that they are not liable. On the other hand, the staff at the pound told me that even though I signed the contract I am not liable since the dog was technically under a "foster" period with me. I am not sure who is right in this situation and if I have a case. Also, the pound looked at the paperwork I received with the dog and said that they did not provide me proper rabies vaccination information. I would like to recover the vet fees if possible, but I am not sure if I should hire an attorney.

Thanks!

You could indeed use small claims for the dog bite if the shelter had made those guarantees to you, you relied on them, and they were wrong.

see also dog bites --