- Columbus Junction Dog Bite Injury Attorneys
- Phone: 641-792-3595
- Directions
When a dog bite results in harm, dog bite attorneys provide invaluable 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 bites can range from minor injuries to severe, life-threatening attacks. In Iowa, dog owners can be held liable for the injuries their pets cause, but the process of filing a claim and securing compensation can be complex. This guide covers the challenges you might face when pursuing a dog bite claim and how to address them effectively.
Understanding Dog Bite Liability in Iowa
Iowa Code 351.28
Iowa law is explicit regarding 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 illegal activities at the time of the attack, the dog owner is responsible for the damages.
Defenses to Liability
Dog owners might attempt to reduce or negate their liability by arguing:
- Trespassing: Owners may claim that the victim was unlawfully on their property. However, if the trespassing did not directly contribute to the attack, the owner may still be liable.
- Provocation: Owners might argue that the dog was provoked. Determining what constitutes provocation can be subjective and varies from case to case.
- Rabies: If the dog had rabies and the owner did not know and could not reasonably have known, the owner might not be liable. Proving negligence, however, can shift liability back to the owner.
When to Hire an Attorney
If a dog bite results in significant injuries requiring medical attention or causing missed work, seeking legal advice is crucial. Contacting a specialized attorney can help navigate the complexities of the claim and increase the chances of fair compensation.
Commonly Considered Aggressive Dog Breeds
Breed-Specific Data
While any dog can potentially bite, certain breeds are more frequently associated with aggressive behaviors. According to insurance companies, the breeds most often linked to bite injuries include:
- Presa Canario
- Doberman Pinscher
- Husky
- German Shepherd
- Rottweiler
However, it is essential to note that any dog, regardless of breed, can be trained to be aggressive. Dog trainer Cesar Milan emphasizes that larger breeds like pit bulls can cause more significant damage, hence their higher incidence in media reports compared to smaller breeds like Chihuahuas.
Vicious Dog Declaration in Iowa
Certain breeds, such as pit bulls, are often declared vicious automatically in cities like Columbus Junction, requiring owners to carry additional liability insurance. Any dog, regardless of breed, can be declared vicious if it meets criteria such as unprovoked attacks or a history of aggression.
Filing a Claim Regardless of Breed
Iowa’s strict liability laws mean that the breed of the dog does not affect the validity of a dog bite claim. If you have been bitten, consulting with an attorney can help you understand your rights and the potential damages you can recover.
Common Mistakes After a Dog Bite and How to Avoid Them
Immediate Steps to Take
1. Seek Medical Attention: Prompt medical care is crucial. Delaying treatment can harm your health and your claim.
2. Provide Complete Information: Always disclose your full medical history to healthcare providers to ensure accurate diagnosis and treatment.
3. Document Pain and Symptoms: Ensure that your pain and symptoms are thoroughly documented in medical records.
Ongoing Medical Treatment
1. Attend All Appointments: Missing appointments can be interpreted as a lack of commitment to recovery.
2. Follow Prescribed Treatments: Adhere to your doctor’s advice and medications.
3. Communicate Work Impact: Inform your doctor if your injuries affect your ability to work.
Handling Legal Aspects
1. Avoid Discussing Legal Matters with Doctors: Focus on your medical condition during consultations.
2. Document Everything: Keep detailed records of all medical visits, treatments, and communications with insurance companies.
Addressing Psychological Impact
Depression and anxiety can result from severe dog bites. Proper diagnosis and treatment of psychological conditions are necessary for comprehensive compensation.
Keeping Organized Records
Maintain a file of all relevant documents, including medical records, doctor’s notes, and correspondence with insurance companies. This helps your attorney build a strong case.
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.