Belmond Dog Bite Injury Attorneys

When a dog bite results in injury, dog bite attorneys provide essential assistance. They navigate the intricate legal landscape of animal attacks, expertly managing liability and compensation to ensure justice and support for victims.

Challenges to a Dog Bite Claim and How to Address Them

Dog attacks can range from minor incidents, such as broken skin that can be easily treated with antiseptic and a bandage, to severe injuries, including deep lacerations, tendon and nerve damage, rabies, and even death. These serious injuries can result in substantial medical expenses, lost work time, and significant pain and suffering. If you're pursuing a dog bite claim after an attack, you must be prepared for potential challenges from the dog owner. Here are some key questions and considerations to help you navigate these challenges.

Understanding Liability in Iowa

Iowa law is explicit regarding dog owner liability. 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.” Thus, unless the victim was engaging in unlawful behavior that contributed to the attack, the dog owner is generally liable for injuries.

Trespassing and Liability

A common defense dog owners use is claiming the victim was trespassing. However, the law specifies that liability may be reduced only if the trespassing directly contributed to the attack. For example, if someone trespassed by hopping a fence and startled the dog, this could be grounds for the dog owner to challenge liability. However, if the trespassing did not contribute to the injury, the dog owner may still be liable for damages.

Provocation of the Dog

Another common defense is that the dog was provoked. For example, if a teenager pulled a dog's tail or cornered it, the dog owner might successfully challenge liability. However, definitions of provocation can vary, and a child's inadvertent actions or an adult playing too rough may not constitute provocation in the legal sense. Discuss the specifics of your case with an attorney to understand your position.

Rabies and Owner Knowledge

Dog owners are generally not liable for bites if the dog had rabies and the owner did not know, or could not reasonably be expected to know, the dog had rabies. However, if you can prove negligence, such as leaving a gate open or allowing a child access to the backyard while the dog was outside, the owner may still be liable.

What to Do if You Think a Dog is Going to Attack

If you sense a dog is about to attack, your response can impact the outcome. Here are some steps to take:

Preempt the Attack by Giving the Dog a Wide Berth

Look for signs the dog is feeling threatened:
- Tensing its body
- Raising the hair on its neck and back
- Displaying whale eye (whites of the eyes visible)
- Backing away
- Flattening its ears against its head

If you see these signs, calmly give the dog space to avoid an attack.

Remain Motionless and Avoid Eye Contact

If a dog is close enough to attack, remain still and avoid eye contact, which can be seen as aggressive. Turn your head slightly and look out of the corner of your eye.

Resist Your Impulses

Avoid screaming, running, or hitting the dog, as these actions can escalate the situation. Instead, remain calm, still, and place an object between you and the dog if possible.

Common Mistakes to Avoid After a Dog Bite

After a dog attack, avoid these common mistakes to strengthen your claim:

1. Failing to Seek Immediate Medical Attention

Prompt medical attention is crucial. Insurance companies and juries often view delays in seeking treatment as a sign that injuries are not severe.

2. Not Disclosing the Whole Truth

Be honest about your medical history and the incident itself. Concealing information can impact your medical care and weaken your legal case.

3. Failing to Get Pain Accurately Documented

Ensure your pain and symptoms are thoroughly documented in your medical records. Consistency and detailed records can support your claim.

4. Missing Medical Appointments

Missing appointments can be seen as a lack of commitment to recovery. Always attend scheduled visits or reschedule promptly.

5. Not Informing Your Doctor About Work Impact

If your injury affects your ability to work, inform your doctor so it is noted in your medical records.

6. Not Taking Medications as Prescribed

Follow your doctor's recommendations and inform them of any side effects. Ignoring medical advice can harm your claim.

7. Stopping Treatment Too Soon

Continue treatment until your doctor advises otherwise. Gaps in treatment can suggest you have recovered or suffered a new, unrelated injury.

8. Discussing Legal Issues with Your Doctor

Focus on your medical condition with your doctor and avoid discussing legal matters. Your doctor does not need to know about your lawsuit.

9. Ignoring Treatment for Depression or Anxiety

Psychological conditions related to the attack should be treated professionally. Proper diagnosis and treatment are essential for compensation.

10. Failing to Keep a File

Keep a detailed file of all medical records, treatment plans, and communications with healthcare providers and insurance companies.

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.