Toledo Dog Bite Injury Attorneys

In cases of dog-related injuries, dog bite attorneys provide vital support to victims. Specializing in animal law, they navigate the complexities of liability and compensation to achieve justice and support for the injured.

Harboring a Dangerous Dog: Special Rules for Vicious Dogs

Owning a dog comes with significant responsibilities, particularly when your pet is declared a dangerous or vicious dog. In Iowa, there are specific rules and requirements for harboring a dangerous dog to ensure public safety.

When is a Dog Considered Dangerous?

A dog is deemed dangerous or vicious when declared so by the city’s animal control authority. Several forms of probable cause can label a dog as dangerous, according to Code 8.16.030:

- 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

Special License, Certificate & Requirements

If a dog is determined to be dangerous, the owner must obtain a unique license and certificate of registration within 30 days. This certificate is issued by the city, provided the dog owner meets the criteria for harboring a dangerous dog, including:

- Keeping the dog confined within the property
- Posting signs warning others that the dog is dangerous
- Placing a warning symbol 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 Toledo

When a dangerous or vicious dog bites or attacks another person or animal, the owner is held liable under the theory of strict liability. Therefore, it is crucial for the owner to carry a surety bond of at least $250,000. This strict liability also applies to non-dangerous dogs when their animals attack, provided the victim was not engaged in illegal activity at the time of the bite.

When Dog Bites Child: The Aftereffects Can Be Long-Term

Children are the most frequent victims of dog bites in the United States. According to the Centers for Disease Control and Prevention (CDC), there are approximately 4.5 million dog bites in the U.S. annually, with about half involving children, particularly those between the ages of five and nine.

Physical Effects of a Dog Bite

Children are more susceptible to severe injuries from dog bites due to their more delicate skin and bones. Common injuries include:

- Ripped scalp
- Torn ears
- Mouth injuries
- Eye injuries

Even after these injuries heal, they can leave long-term damage, such as nerve damage leading to facial asymmetry or scarring that may require reconstructive surgery.

Emotional Consequences of a Dog Bite

The emotional aftermath of a dog bite can be as devastating as the physical injuries. Research indicates long-term emotional reactions, such as:

- Separation anxiety
- Excessive crying
- Withdrawal
- Disruptive behavior
- Sleep problems
- Irrational fears
- Nightmares
- Problems in school
- Medical complaints without physical symptoms
- Feelings of guilt
- Emotional numbing
- Depression
- Flashbacks
- Avoidance
- Lack of trust
- Post-Traumatic Stress Disorder (PTSD)

Post-Traumatic Stress Disorder (PTSD)

Children who suffer from PTSD due to a dog bite may exhibit symptoms weeks or months after the incident, including:

- Jumpiness
- Frequent crying
- Anxiety
- Poor school performance
- Lost interest in activities
- Concentration problems
- Nightmares

These effects can impact a child's self-esteem, confidence, and emotional growth. Therefore, damages claimed after a dog bite attack must include both physical and emotional amounts, covering:

- Emergency room and ambulance costs
- Long-term care, such as home-schooling for PTSD
- Psychological counseling
- Follow-up surgeries

Will I Be Affected by the Dog’s Breed When Filing My Claim?

In Iowa, there are two theories of liability for pursuing damages for a dog bite: strict liability and negligence-based liability. Here's how a dog’s breed may affect a dog bite claim:

Iowa’s Strict Liability Dog Bite Laws

Under Iowa Code 351.28, the owner of a dog is liable for all damages caused by the dog bite, regardless of the breed or history of dangerous behavior, unless the victim was engaged in illegal activity at the time of the attack.

Iowa’s Negligence-Based Liability

Under strict liability, a dog owner is only responsible for medical expenses directly related to the injury. However, a dog bite victim can pursue a personal injury lawsuit if they can prove negligence, such as failing to restrain a known aggressive dog.

Breed-Specific Regulations

Several cities in Iowa have breed-specific regulations. For instance, in Toledo, Pit Bulls are automatically considered vicious, while in Sioux City, Pit Bulls are banned. Other cities, like Cherokee, have restrictions on breeds such as Akitas, Rottweilers, and Doberman pinschers.

Proving Negligence in Breed-Specific Cases

If a person is harboring a restricted or dangerous dog breed, and the dog bites you, proving negligence in a civil suit becomes feasible. Damages recoverable in a negligence-based liability case include medical expenses, lost wages, and pain and suffering.

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.