• Lake City Dog Bite Injury Attorneys
  • Phone: 641-792-3595
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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.

Challenges to a Dog Bite Claim and How to Address Them

Dog bites can range from minor injuries to severe, life-altering events. When pursuing a dog bite claim in Iowa, it's important to be aware of the potential challenges and how to address them effectively. This guide provides insights into the legal landscape of dog bite claims, the common defenses raised by dog owners, and the steps to ensure adequate compensation for injuries, including plastic surgery costs and incidents at dog parks.

Understanding Iowa's Dog Bite Liability Laws

According to Iowa Code 351.28, dog owners are liable for injuries their dogs cause under most circumstances. The 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 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 dog owners are generally responsible unless the victim was engaging in unlawful activity that contributed to the attack.

Common Defenses Raised by Dog Owners

1. Trespassing: Dog owners might argue that the victim was trespassing, thus engaging in unlawful activity. However, liability may still apply if the trespassing did not contribute to the attack.

2. Provocation: Owners often claim the dog was provoked. This can include actions like pulling the dog's tail or rough play. Whether provocation occurred can be subjective, and legal counsel can help navigate these claims.

3. Rabies: If a dog has rabies and the owner did not know or could not have reasonably known, liability may not apply. However, negligence in preventing access to a rabid dog can still result in liability.

Addressing Challenges in a Dog Bite Claim

Proving the Need for Plastic Surgery

Significant injuries from dog bites, such as deep lacerations and disfigurements, often require plastic surgery. To include these costs in a settlement, it must be proven that the surgery is necessary due to the dog bite. Future medical costs should also be considered to ensure full compensation. Damages for plastic surgery can cover procedures to reduce visible scarring, especially on prominent areas like the face and neck.

Comprehensive Compensation

Compensation should cover all medical costs related to the dog bite, including emergency room visits, surgeries, hospital stays, and medications. Future treatments, lost wages due to time off work, and damages for pain and suffering, mental anguish, and permanent disfigurement should also be included. Iowa's strict liability laws ensure dog owners are held responsible, regardless of the dog's history or perceived danger.

Dog Bite Incidents at Dog Parks

Dog parks, while beneficial for canine socialization, can also be sites for dog bites. Liability in these cases can be complex, involving both the dog owner and potentially the park owner.

Owner Liability

In Iowa, dog owners are strictly liable for their dog's actions, even in dog parks where leash laws may not apply. If a dog with rabies bites someone and the owner did not know or could not have known, liability might be reduced unless negligence can be proven.

Park Owner Liability

If a park owner neglects to address known risks, such as allowing a dangerous dog to frequent the park, they could be held liable. This is more straightforward in privately owned parks, while claims against government-owned parks might face immunity issues or additional filing criteria.

Steps to Take After a Dog Bite

1. Seek Medical Attention: Immediate medical care is crucial. Document all treatments and injuries thoroughly.
2. Report the Incident: File a report with local authorities and obtain a copy for your records.
3. Document Evidence: Take photos of injuries, gather witness statements, and keep detailed records of medical bills and time off work.
4. Consult an Attorney: Legal advice can help navigate the complexities of a dog bite claim, ensuring all potential damages are pursued.

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.