Garner 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.

Does It Matter What Breed of Dog Attacked Me When Filing an Injury Claim?

If a dog attacked you, the dog’s breed doesn’t matter; 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 has fairly strict laws when it comes to a dog owner’s liability for a dog bite. In most circumstances, any dog that attempts to bite, does bite, or attacks a person and causes injury would allow the victim to recover compensation for his or her damages.

An exception would be if the injured person had been engaging in an unlawful act that directly contributes to the injuries, such as breaking into someone’s home. Another exception is if the dog suffers from hydrophobia (a side effect of rabies). However, the owner still could be liable if he/she had known or reasonably should have known about the dog’s illness.

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

Several cities in Iowa have either declared certain breeds automatically dangerous or vicious – a classification often reserved for dogs with a history of biting or attacking or who have been trained to fight. Some localities place restrictions on certain breeds or outright ban ownership.

Breeds on these lists may include Pit Bulls, Rottweilers, Akitas, Dobermans, and Presa Canarios (also known as Canary dogs). There are even ordinances in which certain breeds are decreed potentially dangerous, such as Chows and Bulldogs.

Owners of vicious dogs may be required to take special precautions. This might include owning insurance and ensuring the dog is confined properly. While owners of any breed of dog are responsible for injuries and damages inflicted by the dog, victims may 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, such as antibiotics, medical care, surgery, and even reconstructive surgery if such treatment is necessary. Dog bite victims also may pursue compensation for lost wages while they recover from the attack and any treatment they required as a result.

When the victim sustains serious physical harm or permanent disfigurement, he or she also may pursue damages for emotional distress. Iowa law even allows recovery of emotional distress damages in certain cases in which someone has witnessed an especially severe attack.

What Are Commonly Considered Aggressive Dog Breeds

Some dogs have a reputation for being among the most aggressive and dangerous dog breeds. But in fact, any dog can attack and bite another person or another dog. Much depends on the dog’s training, the owner’s behavior, as well as the circumstances that lead to the bite or attack (teasing the dog, scaring the dog).

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 and the associated with dog breed fatal attacks are:

- 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.
- 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.
- Husky—These dogs have very complex personalities and are sometimes dangerous in the hands of inexperienced owners.
- 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.
- 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.

Dog breeds that some people put on the most aggressive dog breed list are:

- Pit bull;
- Rottweiler;
- Doberman pinscher;
- Husky-type;
- Wolf hybrid;
- Malamute; and
- German Shepherd.

But any dog can be made to be aggressive or might have aggressive tendencies. Well-known dog trainer and television host Cesar Milan writes on his website, “The difference between an aggressive Chihuahua and an aggressive pit bull is that the bigger breeds can cause proportionately bigger damage.” Thus, a pit bull attack might be more likely to cause significant damage – and might, therefore, garner more media reports – than a Chihuahua attack.

Vicious Dog Declaration in Iowa

Unfortunately, some people use pit bulls for dogfighting and/or intentionally make the dog more aggressive. This has led many cities to automatically declare these dogs dangerous or vicious.

But any dog can be declared vicious if it meets certain requirements. 

- Attacks a human or domestic animal without provocation;
- Has a history, tendency, or disposition to attack or cause injury to humans or domestic animals;
- Snaps or bites or gives reason to believe it will snap or bite;
- Has been trained for dog fighting; or
- Has been trained to attack humans upon command (except police and military dogs).

Does the Dog’s Breed Matter if I’m Filing a Dog Bite Claim?

No. If a dog bit you and caused injury, it doesn’t matter whether it’s a dog some people list as an aggressive dog breed or if it’s a dog most consider friendly and well-behaved. Iowa has strict dog bite liability laws, meaning whether or not a dog is declared vicious and whether or not the dog has bitten before, the dog owner is liable for damages.

So regardless of the dog that bit you, talk to an attorney about filing a dog bite claim against the owner. You can contact Walker, Billingsley & Bair to set up a consultation about your case. We will go over the circumstances of your case and the damages you might be able to recover. Call us at (515) 440-2852, Chat Here Now, or use our contact form to schedule your consultation.

Iowa Dog Bite Myths and Mysteries Revealed

Beginning in 1862, the Iowa Legislature passed the first law which held dog owners liable for injuries caused by their dogs. Since that time, the legislature has changed the law several times, but the current law provides that the owner of a dog "shall be liable to an injured party for all damages done by the dog...attacking or attempting to bite a person, except when the party damaged is doing an unlawful act" (for example, a burglar breaking into a home is not allowed to recover if bitten by a dog). This is a lower standard than other personal injury cases where you have to prove negligence, recklessness, etc.

Everyday, I have people ask me questions, and I can tell you that there are many myths and misconceptions about what you should do if you or a loved one are injured by a dog.

Misconception: The Insurance Adjuster is There to Help You with Your Injury Case

The insurance adjuster works for the dog owner and their insurance company and has no duty to protect your rights or even tell you what the law is. Just because you are reasonable with the insurance adjuster does not mean that the insurance adjuster will be reasonable with you. Remember, they are trained to pay you as little for your claim as possible. Sometimes this means intentionally frustrating you in hopes that you will give up and go away. If you decide to try to handle your case on your own, it is important that you do not lose your temper or make threats to the insurance adjuster. If the adjuster makes a ridiculously low offer, it may be difficult not to show emotion. However, showing your emotions will never convince the carrier to offer more money. In the eyes of the adjuster, it means that you have a short temper which will certainly not help your case.

Misconception: You Have to Give the Adjuster a Recorded Statement

Often when you have been injured, the insurance adjuster will ask you to provide a recorded statement for their file. Sometimes, they will even tell you that you must give them a recorded statement before they will consider your claim. While this can be true if you are making a claim against your own insurance company, for example, in a property damage claim, you are not legally required to give a statement to the insurance adjuster in a dog bite case. The reason that they want the recorded statement is so they can ask you questions before you are prepared to answer them. For example, the adjuster may ask you, "Have you ever had back pain before?" Your immediate response is "No." Well, if you previously saw your family doctor or a chiropractor at some time in your life and mentioned back pain, this can create a real problem because your credibility is very important in the case. When answering a question like this, most people are thinking, "No, I have never had back pain like this before," but that is not the question asked. So a single wrong answer to a question that you are not prepared for or do not understand can cost you thousands of dollars in your case. It is rare that giving a recorded statement to the other party's insurance adjuster will help you and your claim.

Misconception: Any Attorney Can Handle a Dog Bite Case

Sometimes clients will come to see me after they have fired an attorney they found in the phone book who advertised as a personal injury attorney. Any Iowa attorney can advertise that they

 handle personal injury cases, even though they may have never handled a single case. Iowa's personal injury laws are far too complex for someone without knowledge and experience to represent someone seriously injured. Only a qualified Iowa personal injury attorney can make sure that your rights are protected and that you are treated fairly in your case. Learn more about hiring an attorney for your dog bite 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.