Dog Bite

How Insurance Companies Evaluate Dog Bite Claims — And Why Victims Often Settle for Less

April 24, 2025 | John J. Malm

Dog bites can leave lasting physical and emotional scars. Each year, thousands of Americans are injured by dog attacks, many of them children. According to the Insurance Information Institute (III), insurers paid over $1 billion in dog bite liability claims in 2022 alone.

But what many people don’t realize is that when it comes to settling these claims, insurance companies don’t evaluate dog bite cases based on the real harm suffered — they use an internal ‘rating scale’ system that often undervalues the true cost of these injuries.

At John J. Malm & Associates, we’ve seen how this process works from the inside. And we’ve seen too many victims settle for far less than they deserve simply because they didn’t understand how insurance companies calculate claims — or how to fight back. Continue reading

Why Pit Bulls Remain the Most Dangerous Dog Breed — And What You Need to Know

April 4, 2025 | John J. Malm

For many dog owners, their pet is a beloved member of the family. But there is one uncomfortable truth that cannot be ignored: When it comes to serious and fatal dog attacks, no breed is responsible for more injuries and deaths than pit bulls.

At John J. Malm & Associates, we have represented numerous clients who were left permanently disfigured, emotionally traumatized, or lost a loved one because of a violent pit bull attack. Time and time again, these cases share the same heartbreaking pattern — an irresponsible pit bull owner fails to control their aggressive dog, and an innocent person suffers devastating injuries. Continue reading

The 5 Most Dangerous Dog Breeds

January 3, 2025 | John J. Malm

Dogs are often called man’s best friend, but some breeds are statistically more likely to cause harm due to their size, strength, and temperament. While any dog can be dangerous under certain circumstances, certain breeds appear frequently in reports of attacks, injuries, and fatalities. According to studies from the Centers for Disease Control and Prevention (CDC), these dog breeds often require additional scrutiny due to the risks they pose.

In this blog, we’ll examine the five most dangerous dog breeds, using data and examples to explore reported incidents, injuries, fatalities, and the legal and insurance landscape. We’ll also discuss what victims can do if they are injured and why holding negligent dog owners and their insurers accountable is critical for justice.

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Understanding Dangerous Dog Hearings in Naperville, Illinois

September 19, 2024 | John J. Malm

In Naperville, Illinois, dangerous dog hearings are an important legal process designed to address incidents involving aggressive or potentially dangerous dogs, especially those that have been involved in a dog attack. These hearings aim to protect public safety while ensuring that pet owners have an opportunity to present their case. Here’s a comprehensive overview of what dangerous dog hearings entail in Naperville and how they are conducted. Continue reading

Liability for a Dog Bite When a Child is in Charge of the Dog

July 9, 2024 | John J. Malm

Determining liability for dog bites claims can be complex, especially when a child is in charge of the dog at the time of the incident. In Illinois, the law provides clear guidelines to establish responsibility and ensure victims receive appropriate compensation. This article explores who can be held liable in such scenarios and the relevant legal principles that apply.

General Liability for Dog Bites in Illinois

Under Illinois law, dog owners are generally held strictly liable for injuries caused by their dogs, as stated in the Animal Control Act. This means that if a dog bites someone without provocation, the owner is responsible for the damages, regardless of whether the owner was negligent or knew of the dog’s propensity to bite.

The Hidden Dangers of Dog Parks: What You Need to Know

June 24, 2024 | John J. Malm

Dog parks are popular spots for pet owners to let their furry friends run free and socialize. They offer a space where dogs can play off-leash, exercise, and interact with other dogs. However, beneath the surface of this idyllic setting, there are hidden dangers that every pet owner should be aware of. At our Naperville personal injury law firm, we represent victims of dog bites and often see the aftermath of what can go wrong in these environments. This blog will explore the risks associated with dog parks and provide guidance on what to do if you’ve been bitten by a dog at a dog park. Continue reading

What Should I Do If I’ve Been Attacked By a Dog in Kane County?

December 9, 2022 | John J. Malm

According to the Centers for Disease Control and Prevention, approximately 4.5 million dog bites occur annually in the United States. Every year, the number of dog attacks increase. For example, between 1993 and 2008, there was an 86% increase in the number of dog bite hospitalizations. To combat the rise in dog attacks, cities and counties across the nation have enacted ordinances to protect individuals that have been attacked by dogs. These ordinances can provide information about what happens after you’ve been bitten or attacked by a dog.

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For instance, under Article 6 of the Kane County Animal Ordinance, the owner of a dog or other animal that attacks or injures any person without provocation is liable in damages to the injured person to for the full amount of the injury sustained.

The City of Aurora has enacted an ordinance about bites and attacks from vicious animals, specifically, about what happens to the animal after a bite or attack. Under the ordinance, any animal that bites or attacks a person, without provocation, will be declared a nuisance and may be impounded by the Animal Control Manager or Animal Control Office. The ordinance states that the Animal Control Manager may allow the owner to retain ownership but only with restrictions placed on the owner in writing. Restrictions include having a sign posted that the dog is dangerous, restrictions on taking the dog out of the home, requiring that the dog be spayed or neutered, and requirements that the dog owner carry homeowners insurance in excess of a certain amount.

New Illinois Law Holds Reckless Dog Owners Liable

August 4, 2020 | John J. Malm

According to the Insurance Information Institute (I.I.I.) and State Farm, the largest writer of homeowners’ insurance in the United States, dog bites and other dog-related injuries accounted for nearly one third of all homeowners’ liability claim dollars paid out in 2018, costing $675 million. The State of Illinois topped the list at #2 for the most State Farm dog bite claims in 2018 with 288 claims, costing $10.3 million.

Illinois has enacted laws designed to protect the rights of those who have suffered an injury due to an animal attack. The Illinois Animal Control Act provides a civil remedy for dog bite victims and all other injuries caused by an individual’s pet or farm animal. For more information about the Animal Control Act, visit our previous blog HERE. As of 2019, Illinois lawmakers have created a new provision within the Animal Control Act regarding “reckless dog owners,” also known as the “Justice for Buddy Act.” The new law, which took effect on January 1, 2019, aims to protect individuals and companion animals from dangerous dogs and their negligent owners.

Aurora Toddler Fatally Mauled by Dog in Joliet, Illinois

July 14, 2020 | John J. Malm

A 17-month-old Aurora girl was fatally mauled over the July 4^th weekend while attending a house party in the 1800 block of Cumberland Drive in Joliet, Illinois. Marley Wilander was sleeping in an upstairs playpen while her parents attended a party downstairs. At some point in the evening, the homeowner’s two pitbull mix dogs escaped from the basement where they had been secured. The homeowner went upstairs to investigate a noise and found one of the dogs actively biting the child. According to the Joliet Police Department, the homeowner was able to separate the dog from the child and then called 911.

At approximately 1:30 am, an ambulance transported the unresponsive child to AMITA Health St. Joseph Medical Center in Joliet, where she succumbed to her injuries at approximately 3:30 am. Will County Coroner’s Office officials reported the autopsy performed the following day showed the child sustained “multiple bite marks throughout her body.” The preliminary report indicated she died from her injuries.

Does Breed-Specific Legislation Reduce Dog Bites? Illinois Cities’ Ordinances

March 16, 2018 | John J. Malm

Pit bulls are considered one of the most dangerous dog breeds across the country. We hear stories every day about a pit bull or similar breed attacking a person and causing serious personal injuries. For more information on the most dangerous dog breeds, visit our page on dog bites and animal attacks HERE and our previous blog HERE.

To combat the dog attacks by pit bulls and similar dangerous dog breeds, many cities across the country have enacted breed-specific legislation, banning dangerous breeds, including many cities in Illinois. In Barry, Illinois, the local city ordinance completely bans pit bulls within the city limits. The ordinance defines a “pit bull dog” as any (1) bull terrier breed, (2) Staffordshire bull terrier, (3) American pit bull terrier, (4) American Staffordshire terrier, and (5) any dog mixed with the listed breeds. Under the ordinance, a person found possessing a pit bull within the city limits is subjected to a fine of up to $750.00.

Similarly, the Village of Buffalo Grove “restricts” two dangerous breeds – pit bulls and rottweilers in its local city ordinance. Under the ordinance, the owner of a pit bull or rottweiler must install a “special enclosure” and keep the dog in the enclosure at all times the dog is not inside the owner’s residence. Furthermore, the owner must display signage on their property warning the public of the dog’s presence. Continue reading