Rockwell City Dog Bite Injury Attorneys

Dog bite attorneys become dependable advocates for victims when a dog inflicts injury. Their deep understanding of animal-related legal matters enables them to adeptly handle liability and compensation issues to secure justice and aid for those harmed.

Challenges to a Dog Bite Claim and How to Address Them

In many cases, an injury from a dog attack is nothing more than some broken skin that is easily treated with antiseptic and a bandage. However, dog bites and attacks can sometimes result in severe injuries, such as deep lacerations, tendon damage, nerve damage, rabies, and even death. These injuries can lead to enormous medical bills, time off work, and intense pain and suffering. If you're pursuing a dog bite claim after an attack in Iowa, prepare yourself for challenges from the dog owner.

What Does the Law Say About Liability?

Iowa law is clear 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 unless the dog bite victim is doing something unlawful, the dog owner is liable for the injuries. 

Common Defenses in Dog Bite Claims

Trespassing

Dog owners may argue that if the victim was trespassing, they are not responsible for the dog’s actions. The law states that an owner may not be liable if the victim was doing something unlawful that contributed to the bite. For instance, if someone trespassed by hopping a fence and scared the dog, this might be grounds for the dog owner to challenge their liability. However, if trespassing did not contribute to the injury, the dog owner may still be liable for damages.

Provocation

Another common defense is that the dog was provoked. A dog may have been provoked if, for example, a teenager pulled its tail or chased it into a corner. In such cases, the dog owner may successfully challenge their liability. However, the definition of provocation can vary. A child might inadvertently provoke a dog, or an adult may have been playing too rough. It's important to discuss the particulars of your case with an attorney.

Rabies

Owners are generally not liable for bites if the dog had rabies and the owner did not know, nor could reasonably be expected to know, that the dog had rabies. However, if you can prove that the dog owner was negligent (for example, by leaving a gate open and allowing a child access to the backyard while the dog was outside), the owner may still be liable.

Types of Injuries from Dog Attacks

Dog attacks can result in various serious injuries, including broken bones. The severity of the attack can lead to multiple fractures, some requiring surgery and rehabilitation. Bones that might be broken during a dog attack include those in the legs, arms, face, hips, ribs, and even the skull. Some fractures, such as a skull fracture, may cause permanent impairment.

Recovering Compensation for Dog Bite Injuries

Iowa law allows victims of dog attacks to recover compensation for their injuries. According to Iowa State Statute Section 351.28, a dog owner is almost always liable for any harm that their dog causes to another person. This includes compensation for medical care, lost wages, future lost wages, scars, disfigurement, and emotional suffering.

Damages Available Under Iowa Dog Bite Law

Victims of dog bites can recover a range of damages, including:

- Medical Expenses: Initial care and examinations, imaging procedures, treatment, surgery, and medications.
- Lost Wages: Compensation for time off work.
- Future Lost Wages: Compensation for future earning potential if the injury leads to long-term disability.
- Scars and Disfigurement: Compensation for permanent disfigurement.
- Emotional Suffering: Compensation for the emotional impact of the attack.

There is no cap on either economic or non-economic damages in Iowa, meaning there is no limit on the amount of financial compensation a victim can recover. However, a claim for benefits must be filed within two years of the attack. 

Additional Information on Iowa Dog Bite Laws

An Iowa dog bite lawyer can provide you with the most recent, up-to-date information on dog bite laws in Iowa. Liability for a dog bite rests with the owner in most cases, and damages may extend beyond the actual injuries caused by the dog. For instance, if a person is attempting to escape a dog attack and runs into the street, getting struck by a car, the victim can claim additional injuries under Iowa dog bite law.

Rabies Symptoms in Dogs

Rabies is a deadly virus that can spread to humans from the saliva of infected animals. Symptoms in dogs include aggression, biting, a dazed look, confused behavior, refusing water, and foaming at the mouth. If you encounter an animal acting unwell, contact your local animal control to investigate.

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.