Pleasant Hill Dog Bite Injury Attorneys

Dog bite injury attorneys become dependable allies for victims when a dog causes harm. They navigate the intricate legal landscape of animal-related cases, focusing on achieving justice and fair compensation for the injured.

Do I Need Evidence for a Dog Bite Claim? If So, What Kind?

Dog bites can be traumatic and leave lasting physical and psychological scars. In Iowa, the legal landscape surrounding dog bites is defined by a strict liability statute. However, pursuing a claim can still be complex and often requires substantial evidence. Here’s an overview of what you need to know about dog bite claims in Iowa, the types of evidence required, and steps to take if you or someone you know is a victim of a dog bite.

Iowa’s Strict Liability Statute

Iowa’s strict liability statute holds dog owners accountable for all damages their dogs cause, unless the victim was performing an illegal act at the time of the attack. This means that the victim does not need to prove the owner's negligence to claim damages under statutory law. However, proving a case under statutory law requires specific types of evidence:

1. Identification of the Dog: Evidence that clearly identifies the dog in question as the one that bit you.
2. Injury Documentation: Medical records and photographs that document the injuries you sustained from the bite.
3. Legal Behavior: Proof that you were not engaging in any illegal activities at the time of the attack.

While these points are straightforward, pursuing greater compensation under case law requires additional evidence to prove negligence.

Proving Negligence Under Case Law

To recover greater damages, such as those for pain and suffering, you may need to pursue a claim under common law, which involves proving the dog owner's negligence. Evidence necessary for this includes:

1. Knowledge of Danger: Evidence that the dog owner knew or should have known about the dog’s dangerous tendencies (e.g., prior bites, aggressive behavior).
2. Failure to Restrain: Proof that the owner failed to take appropriate actions to prevent the dog from attacking.
3. Injury Correlation: Documentation that directly connects the attack to your injuries.

If these points are proven, you may be eligible for full compensation for your injuries.

Special Rules for Vicious Dogs

A dog can be declared dangerous or vicious by the city’s animal control authority based on various forms of evidence, including:

- Written complaints from citizens
- Dog bite reports
- Observations by law enforcement or animal control officers
- Verified reports of previous dangerous behavior
- Other substantial evidence

Once a dog is declared dangerous, the owner must obtain a special license and meet several requirements, including maintaining the dog on their property, posting warning signs, and obtaining a surety bond of no less than $250,000. Owners of dangerous dogs are held to strict liability for any attacks, similar to other dog owners.

Liability in Kennels and Veterinary Offices

Kennels and veterinary offices can also be held liable for dog bites. If a dog attacks someone at these facilities, both the owner and the facility might be liable. The key factors include:

- Negligence: Evidence that the kennel or veterinary office failed to take necessary precautions, especially if the dog's aggressive behavior was known.
- Owner Communication: Proof that the dog owner informed the facility of the dog's dangerous tendencies.
- Iowa Code 351: This code states that owners are strictly liable for bites, but exceptions exist, such as unknown rabies at the time of the bite.

Steps to Take After a Dog Bite

1. Seek Medical Attention: Immediate medical care is crucial. Document all injuries and treatments.
2. Report the Incident: File a report with local animal control or law enforcement to document the attack.
3. Gather Evidence: Collect photos of injuries, witness statements, medical records, and any communication with the dog owner or facility.
4. Consult an Attorney: Dog bite cases can be complex, and having an experienced attorney can help you navigate the legal process and maximize your compensation.

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.