Bloomfield Dog Bite Injury Attorneys

Dog bite injury lawyers become crucial allies for those injured by dogs. Their expertise in animal-related legal matters allows them to effectively handle liability and compensation complexities, securing justice and proper aid.

Dog Bite at a Dog Park: How Negligence Determines Liability

Dog parks are a great place for owners to take their beloved canines so they can run free and socialize. But what happens if a fun day turns into a trip to the emergency room because of a dog bite at the dog park? Do those who use a dog park assume the risk, or does liability apply when injured?

How Negligence May Apply in an Attack at a Dog Park 

One of the benefits of a dog park is that it's usually optional whether to keep the dog on a leash. This means that even if the city has a leash law, it wouldn't apply in the event of an attack at the park where the owner is allowed to let the dog off the leash. But that doesn't mean if the dog bites someone, no one is liable.

In general, the same rights a person has outside a dog park apply in the park as well. That means a dog owner is liable for injuries and damages his or her dog causes to others with limited exceptions. Negligence of the dog owner or another party could affect liability as well.

Injuries Resulting from a Dog Bite at a Dog Park: Owner Liability

While negligence might play a role in some dog bite cases that occur at a dog park – such as an owner knowingly allowing a dangerous dog loose – Iowa’s dog bite laws state that the dog owner is strictly liable for his or her dog’s actions that cause injuries. So even if the dog owner was completely responsible and the dog bit someone anyway, the dog owner is still liable for damages.

However, if the dog has rabies and bites another person, the dog owner is not liable for damages unless the owner knew the dog had rabies and could have prevented the attack. If the dog owner knew the dog had rabies and took it to a dog park anyway, then the owner is likely liable in this situation.

Injuries Resulting from a Dog Bite at a Dog Park: Park Liability

Sometimes the owner of the park is also negligent and liable for injuries. This might be the case if the park owner is aware that a dog owner constantly breaks the rules and brings an unsafe dog to the park but fails to address it. This can be a very complex scenario, however, and in most cases it’s the dog owner alone who is liable, so victims who believe the park might be liable should speak with an attorney.

Further, if the park is privately owned, it may be easier to file a claim as opposed to a park owned by a local government, which might be immune from liability in some cases or may require the claimant to meet certain criteria to file the claim.

Recovery of Damages from a Dog Bite at a Dog Park

It's important to consult with an attorney to learn if you have a valid case and which party or parties might be liable for damages. The next step is to file a claim for damages. Legal counsel can help determine the types of compensation to seek, which will depend on the case details.

Some compensation the victim may be due are medical bills. This may include future medical expenses as well. When someone is unable to work while recovering, the victim may recover compensation for lost wages. Other damages could include pain and suffering and emotional distress. If there is permanent scarring from the wounds, it's also possible to recover damages for disfigurement.

What Should You Not Do When Talking With an Insurance Adjuster in a Dog Bite or Attack Case?

Like most Iowans, you have likely had a claim against an insurance company for a property damage claim such as a fender bender car accident, hail damage, or other property damage matter. You may have received a call or visit from the insurance adjuster to discuss your claim. If you have to deal with an insurance company in the future, this article provides some advice for dealing with the adjuster. 

Tell the Truth and Keep Records

First, anything you say can and will be used against you by the insurance company and their lawyers. No matter what, do not lie because even a small lie can ruin your credibility. The best policy is to always tell the truth so you will never have to worry about what you said. Second, you should document your damages by keeping track of documents and other information which may not seem important at the time, but later may become important. Also, you should keep a diary or journal of persons you speak with and when you spoke with them. Your diary or journal will help you prove the extent of your damages and can mean a higher evaluation of your claim. It will also help you keep things straight when you are trying to recall what happened right after the accident.

Medical Records and Doctor Visits

If you sustained injuries, there are several other things to keep in mind. If you miss work, keep track of the time you miss. This includes keeping doctors' excuses for missed work and keeping track of the time you miss from work for doctors' appointments. Also, you should review any medical bills or explanation of benefits forms that you receive from your health insurance company. The medical records made when you visit your doctor, physical therapist, or other medical providers are very important. They will include your description of how you were injured, your physical complaints, your injuries, the doctor's examination findings, and the treatment you received. The insurance companies will base its offer to you on this critical information. If you fail to tell your doctors everything that hurts, not only will you not be treated properly, but also no one will know about it. If you first begin to complain about a medical problem weeks or even months after you were hurt, the insurance company will likely claim that the problem was not from the accident and reduce their settlement offer to you.

Likewise, if you are still having problems and they aren't improving, return to your doctors because failing to see a physician regularly is considered evidence that you have fully recovered to the insurance company and, eventually, perhaps to a judge or jury. While you should not go to the doctor every day, you need to see your doctors and tell them if you are still having problems. If your doctor says "follow-up as needed", that means to come back in a few weeks if you are still having problems.

Dealing With the Insurance Adjuster

Insurance adjusters spend hours training to use techniques and words to try to settle your case. Remember, the adjuster does this for a living, all day, every day. When you are dealing with an insurance adjuster, you need to be smart and watch what you say because it could later be used against you. Insurance companies have lawyers and other professionals working for them, so you should consider having a professional on your side—an injury lawyer with experience in handling dog bite and attack injuries.

Often after a dog bite injury, an adjuster will offer a few thousand dollars in the hope that you will take the offer and settle the claim quickly. If you accept the settlement and sign the release forms, it is very difficult, if not impossible, to change your mind later. While often you can handle property damage-only claims on your own, when it comes to a personal injury dog bite claim, you may need the expertise of an Iowa personal injury attorney. 

Do Certain Dogs Bite More Often than Others?

Every year, there are nearly 4.7 million injuries that happen in the United States when dogs bite. According to insurance companies, the five dog breeds that are most often associated with dog bite injuries are:

1. Presa Canario—This dog is a mix of a mastiff and a pit bull that is often used to herd cattle. These dogs weigh up to 125 pounds and are about 25 inches tall.
2. Doberman Pinscher—Dobermans are bred to guard their owners and to respond immediately when they feel threatened. Avoid violent or aggressive play with this breed.
3. Husky—These dogs have very complex personalities and are sometimes dangerous in the hands of inexperienced owners.
4. German Shepherd—These large dogs have a brave and confident nature, which accounts for their use in police work. However, that confident nature can often make this breed aggressive.
5. Rottweiler—Rottweilers often dislike people and animals that they have never met. They have very strong jaws that make them extremely effective at defending their owners.

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.