• Clarinda Dog Bite Injury Attorneys
  • Phone: 641-792-3595
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Dog bite injury lawyers are reliable allies for victims when a dog causes harm. Specializing in the legal intricacies of animal-related cases, they skillfully handle liability and compensation issues to achieve justice and support.

Challenges to a Dog Bite Claim and How to Address Them

Dog bites can range from minor injuries to severe, life-threatening conditions. While minor injuries might only require antiseptic and a bandage, severe attacks can lead to deep lacerations, tendon damage, nerve damage, rabies, and even death. These injuries can result in enormous medical bills, lost work time, and intense pain and suffering. If you're pursuing a dog bite claim after an attack, you should be prepared for challenges from the dog owner. Here are some key questions and issues to consider:

What Does the Law Say About Liability?

Iowa law is clear about 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.” This means that unless the dog bite victim is engaged in an unlawful act that contributes to the injury, the dog owner is liable for the injuries. Defendants often argue that the plaintiff was doing something unlawful at the time of the attack.

Were You Trespassing on the Dog Owner's Property?

Many dog owners believe they are not responsible if the victim was trespassing. However, Iowa law specifies that the owner may not be liable if the victim's unlawful act contributed to the bite. For example, if someone trespassed by hopping a fence and scared the dog, the dog owner might challenge their liability. But if the trespassing did not contribute to the injury, the dog owner may still be liable for damages.

Was the Dog Provoked?

Dog owners often claim their dog was provoked. For example, a teenager pulling a dog's tail or chasing it into a corner could be seen as provocation. However, what constitutes provoking the dog can vary. A child might inadvertently provoke a dog, or an adult might play too rough. Discuss the specifics of your case with an attorney.

Does the Dog Have Rabies?

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 about the condition. However, if the owner was negligent—such as leaving a gate open and allowing a child access to the backyard while the dog was outside—the owner might still be liable.

Does the Dog's Breed Matter in an Injury Claim?

The breed of the dog does not matter when filing an injury claim; the owner is responsible for the dog and your damages. Iowa law holds dog owners responsible for damages inflicted by their dogs, except in certain circumstances.

Impact of Iowa Dog Bite Laws in an Injury Claim

Iowa's dog bite laws are strict. In most cases, a dog that attempts to bite, does bite, or attacks a person causing injury allows the victim to recover compensation. Exceptions include if the injured person was engaged in an unlawful act directly contributing to the injuries, such as breaking into someone's home, or if the dog has rabies and the owner did not know or could not reasonably be expected to know about it.

Could the Dog's Breed Come Up in an Injury Claim?

Several Iowa cities classify certain breeds as dangerous or vicious, often those with a history of biting or attacking, or trained to fight. Breeds on these lists include Pit Bulls, Rottweilers, Akitas, Dobermans, and Presa Canarios. Some ordinances even classify breeds like Chows and Bulldogs as potentially dangerous.

Owners of vicious dogs might be required to take special precautions, such as owning insurance and ensuring the dog is properly confined. While all dog owners are responsible for injuries their dogs inflict, victims might bring up failure to abide by local laws if it contributed to the injuries.

Recovering Damages in a Dog Attack Injury Claim

Compensation available in a dog bite injury claim includes medical costs, lost wages, and compensation for emotional distress, especially in cases of serious physical harm or permanent disfigurement. Iowa law even allows for emotional distress damages if someone witnessed a severe attack.

Treatment for Deep Dog Bites: Stitches and Staples After a Dog Attack Injury

Treatment for deep dog bites often involves stitches or staples to close the wounds. If you or your child sustained a dog attack injury, consult a personal injury law firm in Iowa to discuss your legal options and protect your rights.

Types of Dog Bite Injuries

According to the CDC, about 4.5 million Americans are bitten by dogs each year, with one in five bites requiring medical attention. In 2006, over 30,000 people underwent reconstructive surgery due to dog attacks. Dog bite injuries can cause significant health complications, disfigurement, and even death. Common injuries include tissue tears, deep lacerations, fractures, crushing injuries, and puncture wounds. Doctors may use staples and sutures for large wounds, but treatment varies and some wounds might be left open to reduce infection risk.

Complications of Dog Bite Injuries

Dog bite wounds can lead to complications like infection, scarring, disfigurement, and damage to muscles or tendons. Emotional injuries, such as PTSD, can also result from a dog attack. Victims in Iowa might find suitable mental health providers through Iowa Health.

Caring for Deep Dog Bite Wounds

Aftercare is crucial to prevent complications. Your doctor will provide instructions on keeping the wound clean, bandaging, icing, and elevating the injury. Treatment may include antibiotics, pain medication, and possibly a tetanus shot.

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.