Logan Dog Bite Injury Attorneys

In cases of dog-related injuries, dog bite attorneys provide vital support to victims. Specializing in animal law, they navigate the complexities of liability and compensation to achieve justice and support for the injured.

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).

This means that if someone trespasses on a dog owner’s property, the property owner may not be liable for a dog bite or attack.

Trespassing and Dog Owner Liability

Trespassing is an unlawful act, so if a bite victim was trespassing, he or she cannot go after the dog owner for damages related to injuries. What counts as trespassing is a difficult question, however, and has many gray areas.

Understanding Trespassing in Iowa

Under Iowa law, trespassing happens either when someone enters a property without justification after receiving notice not to enter the property, or when the person enters 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 members of the public to enter for common errands like selling door-to-door or asking for directions, for example.

Per Iowa Code Section 716.7(3), the general public also has the right to retrieve any personal property that enters someone else's property as long as they don't linger and take a direct route to the lost property. For example, a child has a legal right to enter someone's yard to retrieve a stray ball.

Dog Owner Liability

Because of Iowa's strict liability system, dog owners may be liable for dog bites under many circumstances. A dog owner may argue, though, that the person was trespassing, in which case the bite victim may have to prove he or she was not trespassing. For example, a bite victim may argue he or she approached a house with no fence and no signs discouraging trespassing, knocked on someone’s door for directions, and was attacked by the dog when the homeowner opened the door.

If a bite victim assaults, beats, or harms the dog owner in some way, they cannot claim the dog owner is liable for the injuries. Assaults can include yelling and other threatening behavior. Robberies and other situations that excite a dog and prompt it to bite also may not warrant liability for the dog owner.

Discuss your particular case with an attorney, as the details of these cases can vary from one incident to the next.

Obtaining Compensation for a Dog Bite

If you were bitten by a dog, and you didn't engage in unlawful activity, you may be able to obtain compensation for your injuries in a personal injury lawsuit. There are many procedural and substantive considerations to dog bite lawsuits, so seek legal help from a qualified attorney.

Impact of Dog Breed on Liability Claims

Strict Liability in Iowa

Iowa primarily imposes a strict liability dog bite law, found under Iowa Code 351.28, which reads that, “the owner of a dog shall be liable to an injured party for all damages done by the dog…” Under this law, the owner of a dog is always held responsible for injuries caused by a dog bite, regardless of dog breed or history of dangerous behavior (the exception to this is if the dog bite victim was doing something illegal at the time of dog attack).

Negligence-Based Liability

Under the theory of strict liability, a dog owner is only liable for medical expenses specifically related to the injury. However, a dog bite victim does have the right to pursue a personal injury lawsuit against the dog owner if they can prove negligence. One example of neglect is failing to restrain a dog that has a known history of aggression or violence. On the same hand, a victim could also argue that it was negligent to harbor a dog declared dangerous or vicious.

While there is no particular state law, multiple cities throughout Iowa have banned, restricted, or labeled as dangerous or vicious certain dog breed types. In Des Moines, for example, Pit Bulls are automatically considered to be vicious; in Sioux City, Pit Bulls are banned entirely. There are special rules and requirements for vicious dogs.

Restricted Breeds in Iowa

In Cherokee, there is a restriction placed on the following dangerous dog breeds:
- Pit Bulls
- Akitas
- Rottweilers
- Doberman pinschers

If a person is harboring a dog that is illegal, restricted, or dangerous/vicious, and if this dog bites you, then you may be able to prove negligence in a civil suit. In a negligence-based liability case, damages for medical expenses, lost wages, and pain and suffering are all recoverable.

Harboring a Dangerous Dog: Special Rules for Vicious Dogs

When is a Dog Considered Dangerous?

A dog is deemed to be dangerous/vicious when it is declared to be so by the city’s animal control authority. Certain dogs bite more than others.

According to Code 8.16.030, the forms of probable cause that can be used to label a dog as dangerous are listed below:
- Written complaint of a citizen
- Dog bite report(s)
- Actions of dog witnessed by law enforcement or animal control officer
- Verified report of previous dangerous behavior
- Other substantial evidence

If a dog is determined to be dangerous, its owner must obtain a unique license and certificate or registration.

Special License, Certificate & Requirements

The dog owner must obtain the exclusive license and certificate within 30 days of the dog having been declared dangerous. The certificate will be issued by the city assuming that the dog owner meets the criteria for harboring a dangerous dog, including the following:
- Keeping the dog maintained within the property
- Posting a sign that warns others that the dog is dangerous
- Placing a sign that contains a warning symbol about the dog's nature that can be understood by children or the illiterate
- Obtaining a surety bond by an insurer of not less than $250,000

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.