Aggressive Dogs: Is it the Breed or the Owner?

 Posted on January 15, 2026 in Personal Injury

It is always shocking to hear about someone dying from a dog attack. The family of the deceased is often left with their grief and questions about how such a thing happened. For your own and others safety, it is important to know what kinds of situations are most likely to result in fatal attacks. If you have lost a loved one to a dog attack in 2026, you will also want to know what legal choices you have. A Naperville personal injury attorney can help you understand your options.

Does Breed Matter in Fatal Dog Attacks?

Whole online forums are dedicated to whether dogs are aggressive because of their breed or not. However, the relationship between breed and fatal attacks is complicated.

While certain breeds show up more often in fatal attack statistics, the American Veterinary Medical Association has found that breed is responsible for only a small part of dog behavior. Since 2016, over 83 different breeds have been involved in fatal attacks. Owner responsibility, training, socialization, and supervision matter more than breed alone.

What Kinds of Dogs Are Most Likely to Kill Someone?

Nevertheless, there are some traits and circumstances that show up most often in fatal dog attacks. These include:

• Unneutered male dogs. Approximately 84 percent of fatal attacks involve unneutered dogs. Intact male dogs are associated with higher rates of aggression and territorial behavior.

• Dogs that are not family pets. About 70 percent of fatal dog attacks between 2000 and 2015 involved dogs that were not owned by the victim. This includes neighbor or family members’ dogs, strays, and fosters. Foster dogs and dogs being cared for temporarily by friends or family pose higher risks because they may be in unfamiliar environments with unknown behavior histories.

• Dogs with a history of aggression. Dogs that have bitten someone in the past are more likely to bite someone in the future. In Illinois, a "dangerous dog" is one that has previously bitten someone without reason. When a dog has a documented history of aggression and is not well managed, the risk increases substantially.

• Unsupervised or uncontained dogs. Dogs allowed to roam, dogs that can escape from kennels or fencing, and dogs left unsupervised with vulnerable people are more likely to be involved in fatal attacks.

What Makes a Dog Attack Turn Fatal?

Several factors turn a dog attack deadly:

The Victim's Age and Physical Health

Children under age two and elderly adults are the most vulnerable. Between 2005 and 2019, children aged zero to two made up 26 percent of all fatal dog attacks. Older adults are at higher risk because of weaker bones, thinner skin, and other health conditions.

Location of Injuries

Fatal attacks usually involve severe trauma to the head, neck, and throat. Attacks that cause massive blood loss or airway obstruction are most likely to result in death.

Multiple Dogs Attacking Together

Pack attacks are especially deadly. Approximately 54 percent of fatal dog attacks in 2023 involved multiple dogs.

Delayed Medical Care

Attacks in rural areas, remote locations, or inside homes where help cannot be called quickly are more likely to result in death.

What Legal Compensation Is Available When a Dog Kills Someone in Illinois?

When a dog attack results in death, the victim's family has several legal options.

Wrongful Death and Survival Claims

Under the Illinois Wrongful Death Act (740 ILCS 180), surviving family members can file a lawsuit against the dog owner or other responsible parties. Damages may include funeral expenses, medical bills, loss of financial support, loss of benefits, and loss of companionship. Wrongful death claims must be filed within two years of the death.

The Illinois Survival Act (755 ILCS 5/27-6) also allows the family to bring a claim for pain and suffering the victim experienced before death.

Illinois Strict Liability Law

Under 510 ILCS 5/16 of the Illinois Animal Control Act, a dog owner is automatically liable if their dog attacks someone without reason while they are present. The family of the attacked person does not need to prove the owner knew the dog was dangerous. The only exceptions are if the victim was trespassing or provoked the dog. If the owner's conduct was especially reckless or the dog had a known history of attacks, the family may pursue legal punishment. It is also possible, but not guaranteed, that the dog or dogs involved will be put down.

Liability can extend to anyone who keeps or watches the dog, including dog sitters, property owners, landlords, and foster organizations.

Call a Naperville, IL Dog Bite Injury Lawyer Today

Losing a family member to a dog attack is a tragedy no one should face. If your loved one has been killed by a dog, you deserve answers and justice. The Lombard, IL personal injury lawyers at Mevorah & Giglio Law Offices understand the emotional and financial devastation these cases cause. Because we do Saturday and evening appointments and have three office locations, we have increased flexibility for emergency cases. Contact us today at 630-932-9100 to schedule your free case evaluation.