Red Oak Dog Bite Injury Attorneys

Dog bite injury attorneys become essential allies for victims when a dog causes harm. They navigate the legal intricacies of animal attacks, focusing on securing justice and fair compensation for the injured parties.

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

When bitten by a dog in Iowa, understanding the state's strict liability statute and gathering the necessary evidence can significantly impact the outcome of your claim. Iowa’s strict liability law mandates that the dog owner is responsible for all damages caused by their dog unless the victim was performing an illegal act at the time of the attack. This article outlines the types of evidence needed to support a dog bite claim under both statutory and case law.

Evidence Necessary Under Statutory Law

Under Iowa's statutory law, proving a dog bite claim is relatively straightforward. The evidence required includes:

1. Identification of the Dog: Proof that the specific dog in question was the one that bit you.
2. Injury Documentation: Medical records and photographs documenting the injuries sustained from the bite or attack.
3. Legality of Actions: Evidence showing that you were not engaged in any illegal activity at the time of the bite.

These three elements form the core of a statutory claim and are generally sufficient to establish liability.

Evidence Necessary Under Case Law

If pursuing a claim under common law, or case law, proving negligence can result in greater compensation, including damages for pain and suffering. This approach requires more comprehensive evidence:

1. Owner’s Knowledge of Dog’s Behavior: Evidence that the dog owner knew or should have known about the dog’s dangerous tendencies. This can include previous bite incidents or the dog’s aggressive behavior.
2. Failure to Act: Proof that the owner did not take reasonable steps to prevent the attack, such as restraining the dog or warning others of its behavior.
3. Causation and Injury: Documentation that the dog’s actions directly caused your injuries. This includes medical records, witness testimonies, and possibly expert opinions.

By demonstrating these elements, you can establish the owner's negligence and potentially recover a larger settlement.

What Should You Do Next?

If a dog in Iowa has bitten you, follow these steps to strengthen your claim:

1. Seek Medical Attention: Immediate medical care is crucial, both for your health and for creating a record of your injuries.
2. Document Everything: Keep copies of medical records, work excuses, and any accident or police reports. Maintain a journal to record your recovery process and how the injuries affect your daily life.
3. Consult an Attorney: Legal guidance can help navigate the complexities of dog bite claims. 

Possible Diseases from Dog Bites

Dog bites can transmit various diseases, some of which may be severe or life-threatening:

1. Rabies: Attacks the central nervous system and can be fatal if not treated promptly. Symptoms include fever, headache, and muscle pains, progressing to brain inflammation, seizures, and possibly coma.
2. Staph Infection: Staph bacteria can cause significant infections if they enter the body through a bite. Symptoms include pain, fever, and severe headache.
3. Pasteurella Infection: Causes pain and swelling at the bite site and can lead to joint infections.
4. Tetanus: Affects the nervous system, causing muscle spasms and lockjaw. A tetanus booster is recommended if you haven’t had one recently.

If bitten, see your doctor immediately and consider filing a claim to cover medical costs, lost wages, and pain and suffering. 

Filing a Claim Against a Kennel or Veterinary Office

If a dog at a kennel or veterinary office bites you, liability may be more complex. The facility might be liable if negligence is proven, such as failing to restrain a known aggressive dog. Iowa’s strict liability statute still applies, but additional considerations include:

1. Owner’s Responsibility: If the dog’s owner knew about the dog’s aggressive behavior and informed the facility, both parties might share liability.
2. Facility’s Negligence: If the kennel or veterinary office did not take appropriate precautions, they might be held liable.

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.