- Sanborn Dog Bite Injury Attorneys
- Phone: 641-792-3595
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When a dog bite results in injury, dog bite attorneys offer invaluable assistance. They navigate the intricate legal landscape of animal attacks, expertly managing liability and compensation to ensure justice and support for victims.
Challenges to a Dog Bite Claim and How to Address Them
Understanding Dog Bite Injuries
Dog attacks can range from minor injuries to severe, life-threatening conditions. While some dog bites result in nothing more than broken skin that can be treated with antiseptic and a bandage, others can cause deep lacerations, tendon and nerve damage, rabies, and even death. These injuries often lead to significant medical bills, time off work, and considerable pain and suffering. When pursuing a dog bite claim in Iowa, it's essential to be prepared for challenges from the dog owner and to understand the legal landscape.
Iowa Law on Dog Bite Liability
The law in Iowa 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 was engaged in an unlawful act that contributed to the attack, the dog owner is liable for the injuries.
Common Defenses Used by Dog Owners
1. Trespassing:
Dog owners may argue that the victim was trespassing on their property. However, for this defense to be valid, the trespassing must have directly contributed to the injury. If your trespassing did not provoke the dog or contribute to the bite, the dog owner may still be liable.
2. Provocation:
Another common defense is that the dog was provoked. Provocation can include actions such as pulling the dog’s tail or cornering it. It’s important to differentiate between intentional provocation and unintentional actions, especially when children are involved. Discussing the specifics with an attorney can clarify whether provocation is a valid defense in your case.
3. Rabies:
If the dog had rabies and the owner did not know or could not reasonably have known, the owner might not be liable. However, if the owner was negligent in containing the dog or preventing access, liability may still apply.
Using Harmful Force as Protection from a Dog Attack
Using harmful force against a dog during an attack is permissible if it is in self-defense or the defense of others. The force used should match the level of threat. For instance, lethal force may be justified if the dog is actively attacking. Conversely, harmful force is inappropriate if the dog is merely growling or barking without posing an immediate threat, or if the attack is over and the dog is fleeing.
Addressing Challenges in a Dog Bite Claim
1. Hire an Attorney:
If you require medical attention or miss work due to a dog attack, seek legal advice. An experienced attorney can help navigate the complexities of dog bite claims, ensuring you understand your rights and responsibilities.
2. Document Everything:
Keep meticulous records of all medical treatments, bills, and lost time from work. Obtain the police report and any witness statements. Photographs of injuries and the scene can also support your claim.
3. Legal Representation:
An attorney can help prove fault, which is crucial for a successful claim. Walker, Billingsley & Bair, for example, can assist victims in Iowa by pursuing fair compensation for damages, including medical expenses, lost wages, and pain and suffering.
Long-term Effects and Treatment of Dog Bites
1. Physical Disfigurement:
Severe dog bites can result in permanent scars, paralysis, mobility issues, or even amputation. Treatments such as plastic or reconstructive surgery may be necessary, but some conditions might be irreversible.
2. Mental and Emotional Trauma:
Dog attacks can lead to PTSD, anxiety, depression, and other psychological issues, particularly in children. Therapy and counseling are crucial for recovery.
3. Infections and Disease:
Dog bites can transmit infections like rabies and cause complications such as sepsis. Immediate medical attention is vital to prevent severe health issues.
Seeking Compensation and Legal Options
Victims of dog attacks may be entitled to compensation for various damages. An experienced personal injury attorney can guide you through the legal process, helping you recover damages for medical expenses, lost wages, pain and suffering, and more.
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.