Montezuma 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.

Dog attacks, while often minor, can sometimes lead to severe injuries such as deep lacerations, tendon and nerve damage, rabies, and even death. These injuries can result in substantial medical bills, lost work time, and significant pain and suffering. Pursuing a dog bite claim in Iowa can be challenging, as dog owners often mount defenses to avoid liability. This article explores the legal landscape of dog bite claims in Iowa, special rules for harboring dangerous dogs, and common mistakes to avoid when seeking medical care after a dog bite.

Legal Liability in Iowa

Understanding Iowa Code 351.28
Iowa law is explicit regarding the liability of dog owners. According to Iowa Code 351.28, “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 that dog owners are generally liable for injuries caused by their dogs unless the victim was committing an unlawful act that contributed to the attack.

Common Defenses in Dog Bite Claims

1. Trespassing: Dog owners often argue that the victim was trespassing at the time of the attack. If a person trespasses and provokes a dog, the owner may not be held liable. However, if the trespass did not contribute to the injury, the owner may still be liable.
   
2. Provocation: Owners may claim that the dog was provoked. Instances such as a teenager pulling a dog’s tail or chasing it into a corner can be grounds for this defense. The definition of provocation can be subjective, and it is advisable to consult with an attorney to discuss the specifics of the case.

3. Rabies: If the dog had rabies and the owner did not know or could not reasonably be expected to know, the owner might not be liable. However, negligence on the part of the owner, such as not securing the dog, could still result in liability.

Special Rules for Harboring Dangerous Dogs

A dog is considered dangerous when declared so by the city’s animal control authority based on probable cause, which can include:
- Written complaints by citizens
- Dog bite reports
- Observations by law enforcement or animal control officers
- Verified reports of previous dangerous behavior
- Other substantial evidence

Requirements for Dangerous Dogs

Owners of dogs deemed dangerous must comply with specific regulations, including:
- Obtaining a unique license and certificate within 30 days of the declaration
- Keeping the dog confined within the property
- Posting warning signs about the dog's dangerous nature
- Securing a surety bond of not less than $250,000

Liability for Bites by Dangerous Dogs

This strict liability also applies to owners of non-dangerous dogs, provided the victim was not engaging in illegal activity at the time of the bite.

Common Mistakes to Avoid After a Dog Bite

1. Delayed Medical Attention: Not seeking immediate medical care can be detrimental to your claim. Insurance companies and juries may assume that a delay indicates minor injuries. Always seek medical attention promptly after an attack.

2. Incomplete Disclosure: Be honest with healthcare providers about your medical history and the incident. Concealing past injuries or illnesses can affect your diagnosis and treatment, and it may harm your legal case if discovered later.

3. Documenting Pain: Ensure your pain and symptoms are thoroughly documented in your medical records. This documentation is crucial for substantiating your claim.

Medical Appointments and Treatments

4. Missing Appointments: Avoid missing or being late to medical appointments, as it may suggest to insurers and juries that you are not seriously injured.

5. Work Impact: Inform your doctor if your injury affects your ability to work. This information should be documented in your medical records.

6. Medication Adherence: Follow your doctor's instructions regarding medications. Failing to do so can undermine your claim and your health.

7. Continuing Treatment: Do not stop treatment prematurely. Gaps in treatment can imply that you have healed or that any subsequent issues are unrelated.

Legal Considerations

8. Discussing Legal Matters with Doctors: Focus on your medical condition during appointments. Unnecessary discussions about your lawsuit can negatively impact your treatment and case.

9. Addressing Psychological Issues: Pain and injury can lead to depression and anxiety. Proper diagnosis and treatment of these conditions are necessary for compensation.

10. Record Keeping: Maintain a file of all medical documents, treatment orders, and communications with insurers. This helps ensure that your attorney has all the necessary information.

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.