Dog Attacks on Children

Top-Rated Illinois Dog Bite Lawyers for Injured Children

Dog bites can have devastating consequences, especially for children. Unfortunately, children are the most frequent victims of dog attacks, and the injuries they sustain can be physically and emotionally life-altering. According to the Centers for Disease Control and Prevention (CDC), children are more likely than adults to be bitten by a dog. Many suffer serious injuries that require immediate medical attention and long-term care.

At John J. Malm & Associates, a top-rated Illinois dog bite injury law firm with over 85 years of collective litigation experience, we have recovered millions for families affected by dog bites in DuPage County, Kane County, and throughout Illinois. We are committed to holding negligent dog owners accountable and securing the compensation our clients deserve.

Real-Life Dog Bite Case: A Horrifying Attack Captured on Video

In a recent dog bite case handled at our firm, a 6-year-old girl was suddenly attacked while playing on her grandmother’s porch. A neighbor’s pit bull terrier (also known as an American Staffordshire terrier) suddenly appeared and attacked the child. The animal grabbed hold of the child, dragging her from the porch. The dog continued to shake and bite the child repeatedly. The entire horrifying episode was captured by a doorbell video camera, showing the sudden, violent nature of the attack. An investigation revealed that the neighbor had failed to safely control the animal just before the attack. We helped the family reach a significant settlement with the insurance company to address the child’s injuries, including the emotional trauma she endured from the attack.

Proving a Dog Bite Case: The Legal Elements

Successfully proving liability in a dog bite case requires a clear understanding of Illinois law and the defenses commonly raised by dog owners. At John J. Malm & Associates, we have extensive experience navigating these complex legal elements.

Illinois Animal Control Act

In Illinois, dog bite claims are governed by the Illinois Animal Control Act. This law holds dog owners strictly liable for any injuries caused by their dog, regardless of whether the dog had shown aggression in the past. Under the Act, victims do not need to prove that the dog had a history of dangerous behavior. Instead, they must demonstrate that:

• The dog attacked, attempted to attack, or injured the victim.
• The victim was lawfully present in the location where the attack occurred.
• The victim did not provoke the dog.

This strict liability standard means that dog owners are generally responsible for their pet’s actions, making it easier for victims to recover compensation for their injuries.

Proving Negligence

While the Animal Control Act offers strong protections for dog bite victims, negligence can also play a key role in proving liability. In many cases, we demonstrate that the dog owner failed to take reasonable precautions to prevent the attack. This may include:

• Failing to properly leash or restrain the dog.
• Not securing the dog in a fenced area or on the owner’s property.
• Allowing the dog to roam freely or escape from the home.

We thoroughly investigate the circumstances of each case, gathering evidence that shows the dog owner’s failure to act responsibly. By proving negligence, we can strengthen the case and hold the dog owner accountable for their lack of care.

Fighting Claims of Provocation

One of the most common defenses in dog bite cases is the argument that the victim provoked the dog, causing the attack. While this defense can be valid under Illinois law, it does not apply in many cases involving young children. Illinois courts often assume that children under a certain age cannot provoke a dog.

At John J. Malm & Associates, we are experienced in defeating provocation defenses. We work to demonstrate that the child did not engage in behavior that would justify the dog’s actions. By presenting clear evidence, we ensure that the focus remains on the owner’s responsibility to control their animal, rather than blaming the victim for the attack.

The Long-Term Effects of Dog Bites: Physical and Emotional Scars

Physical Injuries Common in Child Dog Bite Victims

Children are especially vulnerable to severe dog bite injuries. Smaller in size and unaware of how to react when a dog becomes aggressive, children are more likely to be bitten on the head, face, and neck. These injuries often include:

• Lacerations and Puncture Wounds
• Broken Bones and Fractures
• Permanent Scarring and Disfigurement
• Nerve Damage
• Infections such as Cellulitis and Rabies

In severe cases, children may require extensive reconstructive surgery and long-term medical care. Facial injuries are particularly devastating, often leading to permanent scarring or disfigurement that can affect a child’s self-esteem for life. Children may need multiple surgeries over time to restore function or improve appearance.

Emotional Impact: PTSD and Anxiety

Beyond the physical harm, dog bite victims often suffer lasting emotional trauma. Many children develop post-traumatic stress disorder (PTSD) after being attacked by a dog. According to the National Institutes of Health (NIH), between 25% and 30% of dog bite victims develop PTSD, with symptoms such as flashbacks, anxiety, and nightmares. These psychological effects can be just as debilitating as physical injuries, causing children to fear dogs or even avoid outdoor activities where dogs may be present. PTSD can also manifest in children as physical signs, such as sudden wetting the bed.

At John J. Malm & Associates, we understand the full spectrum of damage caused by dog bites and work tirelessly to secure compensation for both the physical and emotional toll.

Helping Parents Navigate the Legal Process

Litigation and Settlement: A Complicated Journey

Litigating and settling a dog bite case involving a child is a complex legal process. At John J. Malm & Associates, we guide parents through each step, ensuring that their child’s rights are protected and that the settlement process is handled properly. Whether the case goes to court or settles outside of it, we work closely with families to achieve a resolution that addresses both the child’s immediate and future needs.

Appointing a Guardian: Protecting the Child’s Interests

In every dog bite case involving a child, a parent or legal guardian must be appointed to represent the child’s best interests in court. This appointment is a crucial step, as it ensures that any decisions made regarding the settlement are in the child’s favor. We help parents through this process, getting them appointed as the child’s legal guardian so that they can act on behalf of their child during the litigation.

Safeguarding Settlement Funds: The Court’s Role

When a settlement is reached in a dog bite case involving a child, Illinois law requires that the settlement be overseen by a judge. The court ensures that the settlement is fair, that the child’s future is protected, and that the money recovered is used for the child’s benefit. This process can be complex and requires meticulous attention to detail. At John J. Malm & Associates, we take every precaution to safeguard the funds recovered for the child, working with parents and the court to ensure that the settlement meets all legal requirements and that the child’s financial future is secure.

Our Commitment to Helping Children and Their Families

As a parent, nothing is more frightening than seeing your child suffer. The physical and emotional recovery from a dog attack can be overwhelming. At John J. Malm & Associates, we are here to guide you through the legal process and help ease the burden on your family during this difficult time.

“A dog attack can rob a child of her health and wellness, her physical appearance, and even her self-esteem. As parents, the fear of seeing your child in pain is overwhelming. We are here to help ease that fear by fighting for justice and fairness, so families can focus on healing.” — John J. Malm

Contact the Experienced Illinois Dog Bite Attorneys at John J. Malm & Associates

If your child has been injured by a dog, contact John J. Malm & Associates for a free consultation. Our team of experienced dog bite lawyers is ready to fight for your child’s rights and help you recover the compensation your family deserves.