• Pleasantville Dog Bite Injury Attorneys
  • Phone: 641-792-3595
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When dogs cause injury, dog bite lawyers become invaluable allies for victims. With expertise in animal-related legal matters, they adeptly handle liability and compensation complexities to secure justice and support for the injured.

Challenges to a Dog Bite Claim and How to Address Them

Dog bites can range from minor injuries to severe, life-altering traumas. While most incidents involve minor injuries, severe dog attacks can cause deep lacerations, tendon damage, nerve damage, infections, and even death. The aftermath of such an attack can result in enormous medical bills, loss of income, and significant pain and suffering. Pursuing a dog bite claim can be challenging, particularly when facing defenses from the dog owner. Here's how to address these challenges effectively.

Understanding Liability in Dog Bite Cases

Iowa law is explicit about dog owner liability. 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.” Thus, unless the victim was engaging in unlawful activity that contributed to the bite, the dog owner is liable for the injuries.

Common Defenses to Dog Bite Claims

Trespassing

One common defense is that the victim was trespassing on the dog owner's property. Dog owners might argue that they are not responsible for their dog’s actions if the victim was unlawfully on their property. However, liability depends on whether the trespassing contributed to the bite. If the trespassing did not provoke the dog, the owner could still be held liable.

Provocation

Another frequent defense is that the dog was provoked. Provocation might include actions like pulling the dog’s tail or cornering it. The definition of provocation can vary, and what constitutes provocation might differ between the parties involved. Discussing the details with an attorney is crucial to determine the validity of this defense.

Rabies

Dog owners may not be liable if their dog had rabies and they did not know or reasonably could not have known about it. However, if the owner was negligent, such as leaving a gate open or allowing a child access to the dog, they might still be liable.

Addressing the Impact of Dog Bites

Physical Injuries

Dog bites can cause severe physical injuries, especially in children. Common injuries include:
- Ripped scalp
- Torn ears
- Injuries to the mouth
- Eye injuries

These injuries can leave lasting scars and may require reconstructive surgery. Nerve damage can result in permanent facial disfigurement or loss of function.

Diseases Contracted from Dog Bites

Dog bites can transmit several serious diseases, including:
- Rabies: A life-threatening disease affecting the central nervous system.
- Staph Infections: These can cause severe pain, fever, and headaches.
- Pasteurella Infections: These result in pain, swelling, and joint infections.
- Tetanus: This infection can cause muscle spasms and contractions.

Prompt medical attention is essential to diagnose and treat these infections effectively.

Emotional and Psychological Impact

Children are particularly vulnerable to the emotional and psychological aftermath of a dog bite. Common emotional responses include:
- Separation anxiety
- Excessive crying
- Withdrawal and disruptive behavior
- Sleep problems and nightmares
- Irrational fears and lack of trust

A major risk is the development of post-traumatic stress disorder (PTSD), which can manifest weeks or months after the incident with symptoms like anxiety, poor concentration, nightmares, and lost interest in activities.

Seeking Legal Help

If you’ve suffered significant injuries or financial losses due to a dog bite, seeking legal advice is crucial. A personal injury lawyer can help you navigate the complexities of your claim and work to ensure you receive fair compensation. This compensation can cover:
- Medical costs: Including emergency room visits, surgeries, and long-term care.
- Lost wages: For time missed from work due to recovery.
- Pain and suffering: Both physical and emotional distress.

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.