Roland Dog Bite Injury Attorneys

When a dog bite results in harm, dog bite attorneys provide essential assistance. They navigate the intricate legal landscape of animal attacks, expertly managing liability and compensation to ensure justice and support for victims.

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

The state of Iowa imposes a strict liability statute regarding dog bites. Strict liability means that the owner of a dog is liable for “all damages caused” by his or her dog unless the victim is performing an illegal act at the time of the attack.

Under statutory law, the dog bite victim does not need to prove negligence. However, under case law, more evidence will be required. Here’s an overview of the types of evidence for a dog bite claim you'll need.

Evidence Necessary Under Statutory Law

If you’re pursuing a dog bite claim under statutory law, the type of evidence you’ll need is relatively straightforward. Mostly, you’ll need to prove the following:
- The dog in question was the dog that bit you
- You suffered injuries as a result of the bite/attack
- You were not doing anything illegal at the time of the bite/attack

Other than these three items, there is relatively little else that you’ll need to establish.

Evidence Necessary Under Case Law

To recover damages under the common law, or case law, however, you’ll need to establish the negligence of the dog owner. If you can prove negligence, you may be able to recover greater damages, including damages for pain and suffering.

Courts consider a situation as dog owner negligence when the dog owner knows that the dog is dangerous but fails to restrain it. For example, if the dog had rabies and the owner knew or should have reasonably known about it, but failed to control the dog, then the owner acted negligently. Or, if the dog had bitten someone in the past and the owner didn’t restrain the dog properly, then the owner acted negligently.

To recover damages under case law, you’ll need to prove the following:
- That the owner knew or should have known of the dog’s dangerous nature
- That the owner failed to take action to prevent the dog bite/attack
- That the dangerous dog bit or attacked you
- That you suffered injuries as a result of the bite/attack

If you can prove the above, then you’ll be eligible to recover damages for the full extent of injuries suffered.

Can I File a Dog Bite Lawsuit Against a Kennel or Veterinary Office if a Dog at Their Facility Attacked Me?

Any veterinary office or kennel may be liable in a dog bite lawsuit if a dog attacked a third party at their facility. Veterinarians and kennel owners often protect their businesses by purchasing liability insurance for these cases.

However, just because a dog at a kennel or veterinary office attacked you does not mean the facility is automatically liable for injuries or damages. The vet’s or dog kennel’s negligence, as well as Iowa dog bite laws, play an important role in the outcome.

Liability for a Dog Bite in a Vet’s Office or Dog Kennel

The bite will not be the victim’s responsibility unless the victim did something to provoke the dog like pulling its tail or otherwise tormenting it. Bite victims should explore Iowa dog bite laws and the circumstances of the bite to determine liability in a dog bite lawsuit for damages like medical bills or pain and suffering.

For instance, imagine someone else’s dog bit you at a vet office while it was in the care of a veterinarian. The dog’s owner and the vet could potentially be liable. The dog was in the care of the vet, so the vet might be liable for damages, but the owner should communicate the dog’s temperament if he or she knows the dog’s temperament is malicious.

For example, if the owner of the dog that attacked a third party knew that the dog exhibited aggressive behavior before coming into the kennel or veterinary office, and the owner notified the kennel or veterinary office of the dog’s aggression, the victim may be able to prove that the kennel or veterinary office did not take precautions to protect its patrons from the dog.

Further, according to Iowa Code 351, an owner is strictly liable if his or her dog bites a person. However, a dog owner may not be strictly liable if the dog has rabies and the owner did not know at the time of the bite. If the owner knew the dog had rabies and could have reasonably prevented the bite, then the owner could be liable.

Discuss the Case with an Attorney Familiar with Iowa Dog Bite Cases

Talk to an attorney about liability in these cases to get a better idea about which party or parties may be liable if another person’s dog bit or attacked you while at a dog kennel or vet’s office. Much will depend on the details of the dog bite, including responsibility for the dog and whether the dog kennel or vet was negligent.

Nevertheless, it may not be in your best interest to handle a dog bite lawsuit against a veterinary office or kennel without proper legal counsel like the attorneys at Walker, Billingsley and Bair. Filing a claim against a business like a vet’s office or a dog kennel can be a daunting task that requires legal knowledge.

What is the Law for Dogs That Have Previously Bitten Somebody?

There's no "one-bite rule” in Iowa, which requires a dog to have previously bitten a person or acted in a manner so that the owner would be aware of the dog’s propensity to bite to hold the dog owner liable for damages. So whether the dog has bitten somebody previously or not does not affect the victim’s ability to recover compensation for damages from the dog owner.

In fact, dog owners in Iowa are strictly liable for damages caused by their dog if it bites or attacks a person. Victims do not have to prove the owner was negligent to recover damages. To win their cases, claimants or plaintiffs need only to prove that the dog bit them, they suffered damages, and the defendant owns the dog. They should demonstrate that they weren't engaged in illegal activity (like trespassing) at the time of the bite.

Why Do Some Dogs Bite People?

Dogs show aggression for different reasons. They might be territorial, possessive, protective, or even afraid. Biting also can be a learned behavior, and a dog's training and environment may make it more or less likely to bite. If the dog is in an abusive home, for example, it might become more aggressive and likely to bite.

Owners whose dogs previously bit a person should take steps to avoid a repeat attack. In fact, Roland’ city ordinances declare a vicious dog is any that has attacked a person or that has a disposition to attack, cause injury, bite or snap at a person. Certain breeds are declared vicious, including the Staffordshire terrier breed, American pit bull terriers, American Staffordshire terriers, or even any dog that has the appearance of these breeds.

Dogs declared vicious must be confined in a house, pen or kennel or must be on a leash of no more than six feet. The dog may not be leashed to an inanimate object like a tree.

Ordinances vary by city, so be sure to check any applicable laws if your dog has bitten somebody or has a propensity to bite, or if you were bitten by a dog. Make sure you report the dog bite if you’re bitten.

What Legal Options Do Bite Victims Have?

People who are victims of dog bites can file a personal injury claim or lawsuit against dog owners. Bite victims may recover both economic and non-economic damages in a dog bite case. Economic damages include things like medical expenses, lost wages, and out-of-pocket expenses associated with the injury, while non-economic damages include things like pain and suffering and disfigurement.

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.