Sigourney Dog Bite Injury Attorneys

Being bitten by a dog in Sigourney can leave you dealing with more than just the initial wound. Infection risks, questions about what evidence you need to file a claim, and confusion about whether a dog's breed matters can all complicate your recovery. Understanding these issues from the start can help protect your health and your legal rights.

At Walker, Billingsley & Bair, our Sigourney dog bite attorneys want victims to understand the infection risks that follow a bite, the evidence needed to pursue a claim, and how a dog's breed can factor into liability. Below, we walk through each of these topics in detail.

Common Types of Dog Bite Infections Sigourney Victims Should Know

About one in five dog bites require medical attention, according to the Centers for Disease Control and Prevention. Approximately 15 to 20 percent of wounds from dog bites become infected, according to a report in the journal American Family Physician. If you or your child has been bitten by a dog in Sigourney, it is important to know the risk factors and what symptoms to watch for so you can seek early intervention and treatment.

Common Pathogens Found in Dog Bites

A dog bite infection depends on several co-existing factors. Many infections have multiple microbial organisms from the dog's saliva, the recipient's skin, and the environment. One of the most common pathogens in dog bites is Capnocytophaga, a germ naturally found in up to 41 percent of dogs' saliva. The rabies virus is also a concern, since worldwide, dogs are responsible for the transmission of rabies to humans the vast majority of the time, and the infection is often fatal. Other infections associated with dog bites include Pasteurella multocida, Pasteurella canis, and Staphylococcus and Streptococcus species. Because other infections might also develop, it is important to always see a doctor after any animal bite.

Symptoms of Dog Bite Infections

The signs of infection from dog bites are similar to other types of infection. If you notice any of the following symptoms, call your physician straightaway to schedule an appointment or seek emergency care: swelling or redness around the wound, an area that becomes very warm to the touch, the accumulation of yellow or white discharge, fever or chills, swollen lymph nodes, red streaks around the wound, achy muscles, or headaches.

Strict Liability in Iowa

Iowa is what is called a strict liability state, which basically means that if a dog bites you and you were not doing something illegal, the dog owner is liable for your injuries. This also includes injuries you sustain while a dog is attacking you. Some states have a so-called first bite rule, meaning you have to prove the dog bit someone before or that it was a dangerous dog prior to biting you. Thankfully, in Iowa, there is no such burden to prove. Dog owners in Iowa are responsible for the actions of their dogs under almost every situation.

If you or your child suffered a dog bite attack in Sigourney, you might be eligible to file a claim to recover damages, depending on the circumstances of the incident. If you can substantiate your case, you might be able to receive financial compensation for medical bills, lost wages, pain and suffering, scarring and disfigurement, attack-related emotional disorders, and mental anguish.

Do You Need Evidence for a Sigourney Dog Bite Claim?

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, a dog bite victim does not need to prove negligence. Under case law, though, more evidence will be required.

Evidence Necessary Under Statutory Law

If you are pursuing a dog bite claim under statutory law, the type of evidence you will need is relatively straightforward. Mostly, you will need to prove that the dog in question was the dog that bit you, that you suffered injuries as a result of the bite or attack, and that you were not doing anything illegal at the time of the bite or attack. Other than these three items, there is relatively little else that you will need to establish.

Evidence Necessary Under Case Law

To recover damages under case law, you will need to establish the negligence of the dog owner. If you can prove negligence, you may be able to recover a greater damages amount, including damages for pain and suffering. Courts consider a situation as dog owner negligence when the owner knows 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, the owner acted negligently. Or, if the dog had bitten someone in the past and the owner did not restrain it properly, the owner acted negligently. To recover damages under case law, you will need to prove that the owner knew or should have known of the dangerous dog's nature, that the owner failed to take action to prevent the bite or attack, that the dangerous dog bit or attacked you, and that you suffered injuries as a result. If you can prove the above, you will be eligible to recover damages for the full extent of injuries suffered.

Will a Dog's Breed Affect Your Sigourney Dog Bite Claim?

There are two theories of liability for pursuing damages for a dog bite in Iowa: the theory of strict liability, and a negligence-based theory of responsibility. Understanding both can help clarify how a dog's breed may affect a claim.

Iowa's Strict Liability Dog Bite Laws

Iowa primarily imposes a strict liability dog bite law, found under Iowa Code 351.28, which states that the owner of a dog shall be liable to an injured party for all damages done by the dog. Under this law, the owner of a dog is always held responsible for injuries caused by a dog bite, regardless of breed or history of dangerous behavior, with the exception of situations where the victim was doing something illegal at the time of the attack.

Iowa's Negligence-Based Liability

Under the theory of strict liability, a dog owner is only liable for medical expenses specifically related to the injury. However, a dog bite victim does have the right to pursue a personal injury lawsuit against the dog owner if they can prove negligence. One example of negligence is failing to restrain a dog with a known history of aggression or violence. A victim could also argue that it was negligent to harbor a dog declared dangerous or vicious.

While there is no single statewide law on the subject, some Iowa cities have banned, restricted, or labeled certain dog breeds as dangerous or vicious, including breeds such as Pit Bulls, Akitas, Rottweilers, and Doberman pinschers in various municipalities. As such, if a person is harboring a dog that is illegal, restricted, or dangerous under local rules, and that dog bites you, you may be able to prove negligence in a civil suit. In a negligence-based liability case, damages for medical expenses, lost wages, and pain and suffering are all recoverable.