La Porte City Dog Bite Injury Attorneys

When a dog bite results in injury, dog bite attorneys provide essential assistance. They navigate the intricate legal landscape of animal attacks, expertly managing liability and compensation to ensure justice and support for victims.

Can I Use Harmful Force as Protection from a Dog Attack?

In the unfortunate event of a dog attack, understanding the appropriate use of harmful force for self-defense or protection of others is crucial. In Iowa, the use of harmful force against a dog posing an immediate threat is permitted under specific circumstances to prevent injury. However, such force must be justified as self-defense or defense of others and not used for revenge or unprovoked harm.

When Use of Harmful Force is Appropriate as Protection from a Dog Attack

Individuals may use force to protect themselves or others from a dog attack if the dog is perceived as an immediate threat. To qualify as a threat, the dog must exhibit behaviors that lead a reasonable person to believe an attack is imminent. The force used should be proportional to the threat posed by the dog. For instance, if a dog is actively attacking a person, lethal force might be justified. 

The individual must also demonstrate that the actions taken were the only viable means to prevent harm. This means that the use of harmful force should be a last resort after other options, such as retreating or using less severe measures, are deemed unavailable or ineffective.

When Use of Harmful Force is Inappropriate Protection from a Dog Attack

Using harmful force against a dog is inappropriate if the dog does not pose a clear threat. For example, if a dog is barking or growling but is restrained or confined, using a gun or other harmful force would generally be considered excessive. Similarly, if a dog has attacked and is retreating, using harmful force may not be justified since the immediate threat has subsided.

Revenge attacks on dogs are also prohibited. If someone is bitten by a dog, they cannot retaliate by harming the dog later. Instead, the incident should be reported to authorities like the police or animal control, who can assess and handle the situation appropriately.

Iowa Law on Dog Owner Liability

According to Iowa law (statute 351.28), a dog owner is liable for all damages caused by their dog if the dog is caught in the act of attacking or attempting to bite a person, or harming a domestic animal. This liability holds unless the injured party was engaged in an unlawful act that directly contributed to the injury.

Potential Diseases from Dog Bites

Dog bites can transmit various diseases, some of which can be life-threatening. Prompt medical attention is crucial to prevent complications. Here are some potential diseases from dog bites:

- Rabies: A central nervous system disease that can be fatal without immediate treatment. Symptoms include fever, headache, and muscle pains, progressing to brain inflammation, seizures, paralysis, and coma.
- Staph Infection: Staph bacteria can enter the body through bite punctures, causing infection. Symptoms vary but often include pain, fever, and severe headaches.
- Pasteurella Infection: This bacterium can cause pain, swelling, and joint infections.
- Tetanus: This infection affects the nervous system, leading to muscle spasms and lockjaw. A tetanus shot may be recommended if the victim hasn’t had a recent booster.

Filing a Dog Bite Claim

If bitten by a dog, it is vital to see a doctor immediately. Serious or fatal injuries may entitle the victim to compensation for medical costs, lost wages, and pain and suffering. A personal injury lawyer in Dubuque can assist in filing a claim against the liable dog owner.

Challenges to a Dog Bite Claim and How to Address Them

Pursuing a dog bite claim can be challenging, as dog owners may attempt to avoid liability. Common defenses include:

- Trespassing: If the victim was trespassing and this contributed to the attack, the dog owner might argue they are not liable.
- Provocation: The owner might claim the dog was provoked. Provocation can be subjective, so consulting with an attorney is crucial.
- Rabies: Owners are generally not liable if the dog had rabies and they were unaware of it. However, negligence, such as leaving gates open, can still hold them accountable.

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.