Urbana Dog Bite Injury Attorneys

Victims of dog bites can rely on dog bite attorneys for dependable support. These lawyers specialize in the intricate legalities of animal incidents, ensuring proper management of liability and compensation to achieve justice.

Understanding Dog Bite Claims: Liability, Legal Help, and Protection

Dog bite incidents can be traumatic and complicated. Understanding how liability works, when to seek legal help, and what measures are permissible in self-defense are crucial for victims of dog attacks. This article will explore these aspects, providing a comprehensive guide for those affected by dog bites in Iowa.

Liability in Dog Bite Cases

There are two primary theories of liability in Iowa for pursuing damages in a dog bite case: strict liability and negligence-based liability. Both have specific implications for how a dog’s breed might impact a claim.

Iowa’s Strict Liability Dog Bite Laws

Iowa enforces a strict liability law for dog bites under Iowa Code 351.28. This law states, "the owner of a dog shall be liable to an injured party for all damages done by the dog…" This means that a dog owner is always responsible for injuries caused by their dog, regardless of the dog's breed or history of aggressive behavior. The only exception is if the victim was committing an illegal act at the time of the attack.

Negligence-Based Liability

Under strict liability, the dog owner is liable only for medical expenses related to the injury. However, a victim can pursue a personal injury lawsuit based on negligence. For example, if a dog owner fails to restrain a dog known to be aggressive, this can be considered negligence. Similarly, if an owner harbors a dog declared dangerous or vicious by local laws and it bites someone, this can also support a negligence claim.

Several cities in Iowa have specific ordinances that label certain breeds as dangerous or vicious. If you are bitten by a dog that falls under these restrictions, proving negligence in a civil suit may be easier.

Seeking Legal Help

After a serious dog attack, you may face hospitalization, surgery, and significant time off work. A knowledgeable dog bite lawyer can help navigate the legal complexities and fight for your rights while you focus on recovery.

Why Hire a Dog Bite Lawyer?

Handling a dog bite case on your own can lead to unnecessary accusations and complications. A skilled lawyer can present your case effectively, ensuring that all relevant facts are considered without creating additional resentment or conflict. This approach can be particularly important if the dog owner is a neighbor or acquaintance, and you wish to maintain a cordial relationship.

A good attorney will also address future medical needs, such as surgeries, physical therapy, and rehabilitation, ensuring these potential expenses are factored into your claim. They can help calculate all financial losses, including lost wages due to missed work. Additionally, an attorney can secure compensation for emotional trauma and disfigurement, which can be particularly devastating if visible scarring occurs.

Choosing the Right Lawyer

Selecting a lawyer experienced in dog bite cases and knowledgeable about Iowa's dog bite laws is crucial. References and past client testimonials can help you find a trustworthy attorney who fits your needs.

Using Harmful Force as Protection from a Dog Attack

When faced with a dog attack, using harmful force may be justified in self-defense or defense of others. However, this is only appropriate if the dog poses an immediate threat.

Appropriate Use of Harmful Force

Force can be used if the dog shows clear signs of aggression and is attacking or about to attack. The level of force should match the threat level. For example, lethal force may be justified if a dog is actively attacking someone.

Inappropriate Use of Harmful Force

Using force against a dog that is simply barking or growling but is restrained or confined is typically inappropriate. Similarly, attacking a dog out of revenge for a previous bite or if the dog is fleeing is not justified.

Iowa law, under statute 351.28, holds dog owners liable for damages if their dog is caught in the act of attacking or attempting to bite, except when the victim is engaged in an unlawful act that contributes to the injury.

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.