Washington Dog Bite Injury Attorneys

Dog bite injury lawyers serve as trusted partners for victims when a dog causes harm. They specialize in the complex legal landscape of animal attacks, expertly managing issues of liability and compensation to ensure justice and proper support.

When dealing with dog attack injury cases, understanding how trespassing affects liability is crucial. Generally, unless a dog attack victim is engaged in "unlawful conduct," the owner is responsible for controlling the dog and is liable for any injuries via a dog bite claim. However, if trespassing is involved, the dynamics of liability change significantly.

Understanding Iowa Law on Dog Bite Liability

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).

This implies that dog owners are generally liable for injuries their dogs cause, except when the injured party was engaged in unlawful activity, such as trespassing.

Trespassing and Dog Owner Liability

Trespassing is considered an unlawful act. Therefore, if a bite victim was trespassing, they cannot hold the dog owner liable for damages. However, determining what constitutes trespassing can be complex and involves several gray areas.

Under Iowa law, trespassing occurs when someone enters a property without justification after receiving notice not to enter, or when the person enters without the owner's permission. There are nuances to consider, such as:

- Implied Invitation: If a property is not fenced or does not have signs discouraging entry, there might be an implied invitation for the public to enter for common errands, like selling door-to-door or asking for directions.
- Retrieving Personal Property: According to Iowa Code Section 716.7(3), the general public has the right to enter someone else’s property to retrieve personal belongings as long as they do not linger and take a direct route to the lost property. For example, a child retrieving a stray ball is not considered trespassing.

Scenarios of Liability

In Iowa's strict liability system, dog owners are generally liable for dog bites under many circumstances. However, they may argue that the injured person was trespassing. The bite victim would then need to prove they were not trespassing. For instance:

- A victim might argue that they approached a house with no fence and no signs, knocked on the door for directions, and were attacked by the dog when the homeowner opened the door.

If a bite victim was involved in assaulting, beating, or harming the dog owner, they cannot claim the dog owner is liable for the injuries. This includes threatening behavior or situations like robberies that excite a dog, prompting it to bite.

Obtaining Compensation for a Dog Bite

If bitten by a dog and not engaged in unlawful activity, you may be able to obtain compensation for your injuries through a personal injury lawsuit. Due to the procedural and substantive complexities of dog bite lawsuits, seeking legal help from a qualified attorney is crucial.

Filing a Dog Bite Lawsuit Against a Kennel or Veterinary Office

Veterinary offices and kennels may also be liable in dog bite cases if a dog attacks someone at their facility. Veterinarians and kennel owners often have liability insurance to protect their businesses in such scenarios.

However, just because a dog at a kennel or veterinary office attacks you does not mean the facility is automatically liable. The vet’s or kennel’s negligence, as well as Iowa dog bite laws, play a significant role in determining liability.

Determining Liability

The victim is generally not responsible unless they provoked the dog. Liability depends on the circumstances of the bite, including:

- Dog's Temperament: If the dog owner knew about the dog's aggressive behavior and informed the kennel or vet, the facility might be liable for not taking precautions.
- Strict Liability: Under Iowa Code 351, an owner is strictly liable if their dog bites someone. However, if the dog had rabies and the owner was unaware, strict liability might not apply.

Dealing with Insurance Adjusters After a Dog Bite

When dealing with insurance adjusters in dog bite cases, it's essential to handle communications carefully to protect your interests.

Key Points to Remember

1. Tell the Truth: Always be truthful. Any discrepancies can ruin your credibility and harm your claim.
2. Document Everything: Keep records of all communications, medical visits, and expenses related to the injury. A detailed diary can help prove the extent of your damages.
3. Medical Records: Maintain thorough records of your medical treatment. Ensure all your injuries are documented to support your claim.
4. Regular Medical Visits: Continue seeing your doctor if you have ongoing issues. Failing to do so can be used against you to suggest you have fully recovered.

Handling the Adjuster

Insurance adjusters are trained to settle claims for as little as possible. Be cautious about what you say, and consider having an experienced personal injury attorney represent you.

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.