Fatal Dog Attacks When The Dog Has Previously Attacked

Fatal dog attacks, while not common, are among the most emotionally charged and preventable types of injury cases. Recently, a mother and son in Ohio were sentenced to more than a decade in prison after their two pit bulls killed their elderly neighbor. Tragically, one of the dogs had previously attacked another neighbor and had been declared dangerous.

This landmark case is part of a growing trend: when dogs with a known history of aggression fatally injure someone, their owners can and do face serious criminal charges—including murder. In this blog, we review this tragic case and discuss what families can do if their loved one is attacked and killed by a dog.

The Ohio Case: A Turning Point in Accountability

According to USA Today, Jo Ann Echelbarger was on her patio working on a garden plot when the two pit bulls attacked and killed her. Her husband, who had dementia, witnessed the attack. The couple’s son noted that she was fully conscious and terrorized during the mauling and reported that it was a heinous way for her to die.

According to report, one of the dogs had previously attacked someone else and had been declared dangerous. Under Ohio law, the dog owners were required to buy a dangerous dog tag, post a sign on their property, and have the dog on a muzzle and short, chain leash. In an investigation after Jo Ann’s death found that the dog owners’ front door didn’t latch and a towel had been jammed into a space that previously had a deadbolt, showing a lack of safety for others near a dangerous dog.

This case is not just about one tragedy—it’s about a system of warning signs and preventions that were callously ignored.

What Happens When a Dog Repeatedly Attacks?

When a dog is involved in multiple aggressive incidents, the legal system typically has tools to respond—even if, unfortunately, they aren’t always used in time to prevent tragedy.

1. Dangerous Dog Designation

Most states, including Illinois, have laws that allow authorities to declare a dog “dangerous” or “vicious” after an initial attack. In Illinois, under the Animal Control Act (510 ILCS 5/), a dog may be classified as “dangerous” if it behaves in a way that poses a serious threat to people or other animals.

Once a dog is labeled dangerous or vicious, owners are subject to strict conditions:

• Secure enclosures
• Mandatory muzzling in public
• Liability insurance
• Possible euthanasia in extreme cases

If an owner fails to follow these restrictions and the dog attacks again, they can face criminal charges, including:

• Reckless conduct
• Aggravated battery
• Involuntary manslaughter
• Even second-degree murder in rare cases

2. Civil Liability for Negligent Dog Ownership

Even without criminal charges, dog owners can face lawsuits for negligence or wrongful death. Courts look at whether the owner knew or should have known the dog was dangerous—especially if there are prior incidents or complaints.

In Illinois, the “strict liability” rule applies: if your dog injures someone without provocation while that person is lawfully on the property or in public, you are liable, regardless of prior history. But when there is a known pattern of aggression, the exposure can be far greater—including punitive damages.

The Scope of the Problem: Data on Fatal Attacks

According to data from the CDC, during the period of 2011 to 2021, there were 468 dog bite-related deaths in the U.S., averaging 43 per year. In 2021 alone, 81 deaths were reported—a record high. Pit bull-type dogs were involved in a majority of these fatalities, although breed is only part of the picture.

Children and elderly adults are especially vulnerable:

• 56.7% of dog-bite deaths in 2022 involved children under 17.
• The highest risk is among children aged 1–4.

Unfortunately, many of the dogs involved in fatal attacks had a documented history of prior aggression.

Why These Dog Attack Cases Matter for the Law

The criminal sentence in Ohio represents a shift in how courts view repeat dangerous dog attacks—not as tragic accidents, but as preventable acts of negligence or even criminal recklessness.

Similar Cases Include:

• In 2001, a San Francisco woman was killed by a Presa Canario dog. Its owner was charged with second-degree murder and recently denied parole.
• In 2014, a couple was charged with murder after their dogs escaped and killed a jogger. The dogs had attacked others three times before killing the jogger.

These cases reflect a growing legal consensus: if an owner knows their dog is dangerous and fails to act, they can be held criminally responsible.

How to Stop Dangerous Dogs Before It’s Too Late

Preventing fatal dog attacks starts with accountability. Communities, animal control officers, and dog owners all have roles to play.

For Owners:

• Obey leash laws and containment rules.
• Socialize and train dogs early.
• Never ignore signs of aggression.
• Don’t assume breed or size means a dog is safe.

For Local Governments:

• Enforce dangerous dog ordinances promptly.
• Track repeat complaints and attacks.
• Educate the public on their rights and responsibilities.

Legal Options for Dog Bite Victims in Illinois

At John J. Malm & Associates, our dedicated Illinois dog bite lawyers represent victims who’ve been attacked by dogs—whether it’s a single bite or a repeat offender that should have been removed long ago.

If you or someone you love has been injured by a dog:

• You have the right to seek compensation for medical bills, lost income, pain and suffering, and more.
• If the dog has attacked before, you may be entitled to punitive damages.
• If someone dies due to a dog attack, surviving family members may pursue a wrongful death claim.

We investigate the full history of the dog and the owner. We also work with animal control records, prior complaints, and expert testimony to build a strong case.

Contact the Top-Rated Illinois Dog Attack Attorneys at John J. Malm & Associates

If you or a loved one has been hurt—or worse—by a dog that had a history of attacking others, you deserve answers, accountability, and compensation. At John J. Malm & Associates, we’ve helped countless Illinois families recover after serious dog attacks. We know how to uncover the truth, hold negligent dog owners responsible, and fight for justice. Contact us today for a free consultation to learn how you can get compensation for your injuries after an attack.