Adel Dog Bite Injury Attorneys

Victims of dog bites can rely on dog bite injury lawyers as valuable supporters. These attorneys specialize in the complex legalities of animal-related incidents, managing liability and compensation to ensure justice and support.

Dog attacks, though sometimes resulting in minor injuries, can lead to severe medical conditions such as deep lacerations, tendon damage, nerve damage, rabies, or even death. These injuries often result in enormous medical bills, time off work, and significant pain and suffering. If you're pursuing a dog bite claim after an attack, be prepared to face challenges from the dog owner. This article discusses common obstacles and provides guidance on addressing them effectively.

Understanding Liability in Iowa

The law in Iowa is clear about the liability of dog owners. According to Iowa Code 351.28, “The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury.” This means that unless the victim was engaging in unlawful activity at the time of the attack, the dog owner is generally liable for the injuries.

Common Defenses by Dog Owners

Trespassing

Dog owners may argue that they are not responsible if you were trespassing on their property. However, liability depends on whether your trespassing directly contributed to the bite. For example, if you scared the dog by hopping a fence, this might be grounds for the owner to challenge their liability. If your trespassing did not contribute to the injury, the owner might still be liable.

Provocation

Owners often claim that the dog was provoked. This defense can be valid if the victim's actions directly led to the dog’s aggressive response, such as pulling its tail or chasing it. However, interpretations of what constitutes provocation can vary. Discuss the specifics of your case with an attorney to determine the viability of this defense.

Rabies

If the dog had rabies and the owner did not know or could not reasonably be expected to know, they might not be liable. However, if the owner was negligent, such as leaving a gate open, they might still be held responsible.

Filing a Claim Against Kennels or Veterinary Offices

If a dog attacks you at a kennel or veterinary office, the facility might be liable, especially if negligence can be proven. For example, if a dog known to be aggressive was not properly restrained, the kennel or veterinary office could be responsible. Liability may also extend to the dog owner if they failed to communicate the dog's aggressive behavior to the facility.

Legal Considerations

Iowa Code 351 holds dog owners strictly liable for bites, except in cases involving rabies where the owner did not know. Discussing your case with an attorney is crucial, as filing a claim against a business can be complex and requires thorough legal knowledge.

Avoiding Common Mistakes Post-Attack

When dealing with the aftermath of a dog bite, avoid these common mistakes to ensure your claim is not jeopardized:

1. Failing to Seek Immediate Medical Attention

Always seek immediate medical attention after a dog bite. Delays in treatment can be used against you by insurance companies to downplay the severity of your injuries.

2. Not Disclosing the Whole Truth

Provide complete and honest information about your medical history and the incident to your healthcare providers. Concealing prior injuries or sickness can harm your legal case and affect the quality of your medical care.

3. Failing to Document Pain

Ensure your pain and injuries are thoroughly documented in medical records. This documentation is crucial for insurance companies and juries to understand the extent of your suffering.

4. Missing Medical Appointments

Avoid missing or being late to medical appointments. Consistent treatment is vital for recovery and for the credibility of your injury claim.

5. Not Reporting Work Impact

Inform your doctor if your injury affects your ability to work. Work-related issues caused by the injury should be noted in your medical records for potential compensation claims.

6. Not Following Medication Instructions

Follow your doctor’s prescriptions and recommendations. Non-compliance can undermine your claim and your recovery.

7. Stopping Treatment Too Soon

Continue medical treatment until fully healed or advised otherwise by your doctor. Gaps in treatment can suggest to insurance companies that your injuries have healed or were not severe.

8. Discussing Legal Matters with Doctors

Focus on your medical condition with your doctor. Avoid discussing your lawsuit, as this can complicate your treatment and legal case.

9. Ignoring Mental Health Issues

Seek treatment for any psychological conditions like depression or anxiety resulting from the attack. These conditions are compensable if properly diagnosed and treated.

10. Failing to Keep Records

Maintain a file of all medical and legal documents related to the incident. This ensures your attorney has all necessary information to support your claim.

When to Contact a Dog Bite Lawyer

For the complete list of things you should do if bitten by a dog you can request our FREE book, "Iowa Consumer's Guide to Dog Bites- Secrets to Not Get Bitten by Your Case" which is available to you with no risk or obligation by clicking here or by calling 641-792-3595. 

Why offer a Free Dog Bite Book?  Since 1997, I have been representing injured Iowans, including many dog bite victims from central Iowa and throughout the state.  I have heard too many horror stories about people making costly mistakes, causing them to lose thousands of dollars.  Before you talk to the insurance company you should know your rights and perhaps more importantly your responsibilities.   

If you need immediate assistance, contact us online or call us at (641) 792-3595. If you are not local to us, we will come to you.