- Tama Dog Bite Injury Attorneys
- Phone: 641-792-3595
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When dogs cause injury, dog bite lawyers become essential allies. They specialize in the legal intricacies of animal attacks, ensuring victims receive proper management of liability and compensation for justice and support.
Dog attacks can lead to serious injuries and significant legal implications, particularly concerning liability. In Iowa, the law generally holds dog owners responsible for injuries their pets cause, unless the victim is engaged in unlawful conduct such as trespassing. This comprehensive article explores the nuances of dog owner liability, reasons behind dog attacks, preventive measures, and the long-term effects of dog bites, especially on children.
Trespassing and Dog Owner Liability
In Iowa, dog owners are typically liable for any injuries their dogs inflict, barring the victim's involvement in unlawful activities. According to Iowa Code Sec. 351.28, the owner is liable for damages unless the victim was performing an unlawful act that directly contributed to the injury.
Trespassing Defined:
- Entering without Justification: Trespassing occurs when a person enters a property without justification, especially after being notified not to enter.
- Without Permission: Entering someone’s property without the owner’s permission also constitutes trespassing.
However, the interpretation of trespassing can be complex. For example, if the property is not enclosed or signposted against trespassing, there may be an implied invitation for common activities like door-to-door selling or seeking directions.
Right to Retrieve Property:
Per Iowa Code Section 716.7(3), individuals have the right to enter another’s property to retrieve personal items, provided they take a direct route and do not linger.
Owner Liability Exceptions:
Dog owners may argue non-liability if the bite victim was trespassing. The burden may then fall on the victim to prove they were not trespassing, such as by demonstrating they approached a house without barriers or signs against entry.
Reasons for Dog Attacks
Dogs may attack for several reasons, primarily related to dominance, defense, and security.
1. Dominance: Dogs, particularly towards small children, may bite to establish dominance.
2. Defense: Territorial instincts can lead dogs to attack to protect their space, owner, or property.
3. Security: Dogs may strike if they feel threatened or distrustful of a person.
Preventive Measures to Avoid Dog Bites
To minimize the risk of dog bites, consider the following tips:
- Maintain a safe distance from unfamiliar dogs.
- Do not run from an aggressive dog.
- Stay calm and still when interacting with an unknown dog.
- Avoid disturbing a dog that is eating, sleeping, or otherwise occupied.
- Refrain from approaching a dog from behind.
Long-Term Effects of Dog Bites on Children
Children are the most common victims of dog bites, with significant physical and emotional repercussions. The CDC reports nearly 4.5 million dog bites annually in the U.S., with half involving children, particularly those aged five to nine.
Physical Injuries:
- Scalp, Ears, Mouth, Eyes: Children’s delicate skin makes them more susceptible to severe injuries like ripped scalp, torn ears, and injuries to the mouth and eyes.
- Scarring: Deep wounds can cause disfiguring scars. Even with reconstructive surgery, some scarring may remain.
- Facial Symmetry: Injuries involving bones can affect facial symmetry as the child grows.
Emotional and Psychological Effects:
Children may suffer long-term emotional trauma, including:
- Separation Anxiety
- Excessive Crying
- Withdrawal and Disruptive Behavior
- Sleep Problems and Nightmares
- Irrational Fears
- School Difficulties and Concentration Issues
- Post-Traumatic Stress Disorder (PTSD): Symptoms include jumpiness, anxiety, poor school performance, loss of interest in activities, and concentration problems.
Compensation for Dog Bite Injuries
Victims of dog bites not engaged in unlawful activities may seek compensation for their injuries. Legal claims can cover:
- Medical Expenses: Emergency room visits, surgeries, long-term care.
- Psychological Counseling: For trauma and PTSD.
- Other Costs: Home-schooling if necessary, follow-up medical treatments.
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.