Sibley Dog Bite Injury Attorneys

Dog bite attorneys become vital advocates for victims when a dog inflicts harm. 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.

Harboring a Dangerous Dog: Special Rules for Vicious Dogs

Owning a dog is a big responsibility. From ensuring that the dog is up-to-date on its vaccines to getting the dog registered, there are many items to check off for legal dog ownership in Iowa. When your beloved pet has been declared a vicious dog, there are many special rules and requirements to which you will have to adhere for harboring a dangerous dog.

When is a Dog Considered to be Dangerous?

A dog is deemed to be dangerous or vicious when it is declared to be so by the city’s animal control authority. Certain dogs bite more than others. According to Code 8.16.030, the forms of probable cause that can be used to label a dog as dangerous are listed below:

- Written complaint of a citizen
- Dog bite report(s)
- Actions of the dog witnessed by law enforcement or an animal control officer
- Verified report of previous dangerous behavior
- Other substantial evidence

If a dog is determined to be dangerous, its owner must obtain a unique license and certificate of registration.

Special License, Certificate & Requirements

The dog owner must obtain the exclusive license and certificate within 30 days of the dog being declared dangerous. The certificate will be issued by the city assuming that the dog owner meets the criteria for harboring a dangerous dog, including the following:

- Keeping the dog maintained within the property
- Posting a sign that warns others that the dog is dangerous
- Placing a sign that contains a warning symbol about the dog's nature that can be understood by children or the illiterate
- Obtaining a surety bond by an insurer of not less than $250,000

Liability for Dog Bites in Sibley

When a dog that has been deemed dangerous or vicious in Sibley bites or attacks another person or animal, the dog owner will be held liable under the theory of strict liability. As such, it is paramount that the dog owner carries a surety bond of not less than $250,000.

As a note, strict liability also applies to dog owners of non-dangerous dogs when their animals attack as well, assuming that the person attacked was not doing anything illegal at the time of the bite.

Can a Dog Bite Cause Nerve Damage?

A dog bite can cause nerve damage. A dog's powerful jaws can injure not only nerves but also tendons, muscles, and bones.

Ways a Dog Bite Can Cause Nerve Damage

- Neuropraxia: This is the least serious type of nerve damage because it stretches nerves but doesn't sever them. It can occur from crushing injuries caused by the bite or when an attack results in a dislocation or fracture. Recovery can take anywhere from a few hours to several months.
- Axonotmesis: This is a serious injury that a dog bite can cause, damaging nerves and muscle and motor function. Recovery is much longer, from a few months to years.
- Neurotmesis: This is the most severe type of injury a dog bite – it occurs when the nerve is severed. If it's a clean cut, it's sometimes possible to repair the nerve. One type of procedure involves regenerating the nerves. Recovery will still take time because it's a slow process. But in many circumstances, the damage is irreparable. When function doesn't return, it can cause abnormal sensations or movements.

Signs of Nerve Damage after a Dog Bite

Motor nerves control actions and movements by passing information from the spinal cord and brain to the muscles. Signs of motor nerve damage may include:

- Weakness
- Paralysis
- Fasciculation (twitching)
- Muscle atrophy (muscle wasting)

Sensory nerves affect sensation (such as pain) by passing information from the muscles and skin to the brain and spinal cord. Signs of sensory nerve damage may include:

- Burning
- Numbness
- Pain
- Prickling/tingling
- Difficulties with positional awareness

How Nerve Damage May Impact a Dog Bite Claim

Nerve damage can occur to the face, hands, or other body parts. Additional injuries, such as fractures, may also occur. Open wounds are at risk of infection, and a bite may cause disfigurement. These are all important considerations when determining the value of a dog bite claim.

Dog owner liability depends on state laws, so it's important to understand how that may affect a claim. In Iowa, it's fairly easy to hold an owner liable for damages. The only exception that may apply is if the victim acted unlawfully, and it contributed to the injury. Breaking into someone's home and getting attacked by the family's dog would qualify as acting unlawfully.

Recoverable damages include the medical costs to treat the injury. Nerve damage injuries may require surgery. If injuries are severe, cosmetic surgery may be needed to improve appearance.

Lost earnings are another form of compensation that may be available in a dog bite claim. This applies to any missed time from work while healing and recovering. It may even include anticipated earnings if the attack leaves the person disabled.

Nerve damage may allow for the recovery of damages such as pain and suffering, emotional distress, and reduced quality of life. Permanent scarring may allow for compensation for disfigurement.

How Trespassing Affects Liability in Dog Attack Injury Cases

Generally, unless a dog attack victim is engaged in "unlawful conduct," the owner is responsible for controlling the dog and liable for any injuries via a dog bite claim. Iowa law states:

"The owner of a dog shall be liable to an injured party for all damages done by the dog, when…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" (Iowa Code Sec. 351.28).

If someone trespasses on a dog owner’s property, the property owner may not be liable for a dog bite or attack.

Trespassing and Dog Owner Liability

Trespassing is an unlawful act, so if a bite victim was trespassing, he or she cannot go after the dog owner for damages related to injuries. What counts as trespassing is a difficult question, however, and has many gray areas.

Under Iowa law, trespassing happens either when someone enters a property without justification after receiving notice not to enter the property or when the person enters without the owner's permission.

Unless property is behind a locked gate or contains a sign discouraging visitors, there may be an implied invitation to members of the public to enter for common errands like selling door-to-door or asking for directions, for example.

Per Iowa Code Section 716.7(3), the general public also has the right to retrieve any personal property that enters someone else's property as long as they don't linger and take a direct route to the lost property. For example, a child has a legal right to enter someone's yard to retrieve a stray ball.

When are Dog Owners Liable or Not Liable for a Bite?

Because of Iowa's strict liability system, dog owners may be liable for dog bites under many circumstances. A dog owner may argue, though, that the person was trespassing, in which case the bite victim may have to prove he or she was not trespassing. For example, a bite victim may argue he or she approached a house with no fence and no signs discouraging trespassing, knocked on someone’s door for directions, and was attacked by the dog when the homeowner opened the door.

If a bite victim assaults, beats, or harms the dog owner in some way, they cannot claim the dog owner is liable for the injuries, however. Assaults can include yelling and other threatening behavior. Robberies and other situations that excite a dog and prompt it to bite also may not warrant liability for the dog owner.

Discuss your particular case with an attorney, as the details of these cases can vary from one incident to the next.

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.