Guthrie Center Dog Bite Injury Attorneys

Victims of dog bites can trust dog bite injury lawyers for essential support. These attorneys specialize in the complex legalities of animal incidents, ensuring proper management of liability and compensation to achieve justice.

Understanding Dog Bite Liability in Iowa

Beginning in 1862, the Iowa Legislature passed the first law holding dog owners liable for injuries caused by their dogs. 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" (e.g., 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 must prove negligence or recklessness.

Common Misconceptions About Dog Bite Cases

Every day, people ask me questions about dog bite cases, and there are many myths and misconceptions about what to do if you or a loved one are injured by a dog.

Misconception 1: The Insurance Adjuster is There to Help You

The insurance adjuster works for the dog owner and their insurance company and has no duty to protect your rights or tell you what the law is. Just because you are reasonable with the insurance adjuster does not mean they will be reasonable with you. They are trained to pay as little as possible for your claim, sometimes by intentionally frustrating you in hopes you will give up and go away. If you handle your case on your own, do not lose your temper or make threats to the adjuster. Showing emotion will not convince the carrier to offer more money. In the eyes of the adjuster, it means you have a short temper, which will not help your case.

Misconception 2: You Must Give the Adjuster a Recorded Statement

Often, the insurance adjuster will ask you to provide a recorded statement for their file and may tell you that you must give a statement before they will consider your claim. While this can be true if you are making a claim against your own insurance company (e.g., in a property damage claim), you are not legally required to give a statement to the insurance adjuster in a dog bite case. They want the recorded statement so they can ask you questions before you are prepared to answer them. A single wrong answer 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 3: Any Attorney Can Handle Your Dog Bite Case

Sometimes clients see me after firing 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 if they have never handled a single case. Iowa's personal injury laws are too complex for someone without knowledge and experience to represent someone seriously injured. Only a qualified Iowa personal injury attorney can ensure your rights are protected and that you are treated fairly in your case.

Common Types of Dog Bite Infections & Symptoms Iowa Victims Should Know

About one in five dog bites require medical attention, according to the Centers for Disease Control and Prevention. Approximately 15 to 20 percent of wounds from dog bites become infected, notes a 2001 report in the journal American Family Physician. If you or your child has been bitten by a dog, it's important to know the risk factors and symptoms to watch for so you can seek early intervention and treatment of dog bite infections.

Common Types of Dog Bite Infections

A dog bite infection depends on several factors, with multiple microbial organisms from the dog's saliva, the recipient's skin, and the environment. One of the most common pathogens is Capnocytophaga, found in up to 41 percent of dogs' saliva. The rabies virus (Rhabdoviruses) is another concern, as dogs are responsible for transmitting rabies to humans 95 percent of the time, and the infection is often fatal. Other infections include Pasteurella multocida, Pasteurella canis, Staphylococcus, and Streptococcus spp. Always see a doctor after any animal bite.

Risk Factors for Dog Bite Infections

Certain victims are more susceptible to infection than others. Those of advanced age, children, and those with suppressed immune systems are at greater risk. The severity of the wound also increases the chances of infection. Other risk factors include:
- Chronic diseases (e.g., cancer, heart disease, splenectomy)
- Unknown immunization status of the dog
- Susceptibility to edema
- Alcohol consumption
- Poor wound care

Symptoms of Dog Bite Infections

The signs of infections from dog bites are similar to other types of infections. If you notice any of the following symptoms, contact your physician or seek emergency care:
- Swelling or redness around the wound
- The area becoming very warm to the touch
- Accumulation of yellow or white discharge
- Fever or chills
- Swollen lymph nodes
- Red streaks around the wound
- Achy muscles
- Headaches

Strict Liability

Iowa is a strict liability state, meaning if a dog bites you and you were not doing something illegal, the dog owner is liable for your injuries. This includes injuries sustained while a dog is attacking you. Some states have a "first bite" rule, requiring proof that the dog previously bit someone or was known to be dangerous. In Iowa, dog owners are responsible for their dogs' actions under almost all circumstances.

Filing a Dog Bite Claim in Iowa

If you or your child suffered a dog bite attack in Iowa, you might be eligible to file a claim to recover damages, depending on the incident's circumstances. If you can substantiate your case, you might receive financial compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Scarring and disfigurement
- Attack-related emotional disorders
- Mental anguish

Proving the dog owner is responsible for your losses can be challenging, but it is achievable with an experienced attorney's help. Contact Walker, Billingsley & Bair for assistance. Schedule a free consultation at (641) 792-3595.

How Trespassing Affects Liability in Dog Attack Injury Cases

Generally, unless a dog attack victim is engaged in "unlawful conduct," the owner is responsible for controlling the dog and liable for any injuries via a dog bite claim. Iowa law states: "The owner of a dog shall be liable to an injured party for all damages done by the dog, when…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" (Iowa Code Sec. 351.28). 

Trespassing and Dog Owner Liability

Trespassing is an unlawful act, so if a bite victim was trespassing, they cannot pursue damages from the dog owner. Trespassing occurs when someone enters a property without justification after receiving notice not to enter or without the owner's permission. Unless property is behind a locked gate or contains a sign discouraging visitors, there may be an implied invitation to enter for common errands like selling door-to-door or asking for directions. Per Iowa Code Section 716.7(3), the general public can retrieve personal property that enters another's property as long as they don't linger and take a direct route to the lost property.

When Are Dog Owners Liable or Not Liable for a Bite?

Due to Iowa's strict liability system, dog owners may be liable for dog bites under many circumstances. A dog owner may argue that the person was trespassing, in which case the bite victim may have to prove they were not trespassing. For example, a bite victim may argue they approached a house with no fence and no signs discouraging trespassing, knocked on the door for directions, and were attacked when the homeowner opened the door. If a bite victim assaults, beats, or harms the dog owner, they cannot claim the dog owner is liable for the injuries.

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.