Last Updated: 1/5/2023
A dog bite claim – either with an insurance company (homeowner’s insurance) or in a civil case for damages – does not have any connection with an order for a dog to be euthanized.
When a dog bites a person in Des Moines, the dog bite victim deserves to have their medical expenses – and often other, noneconomic expenses – paid. Iowa is a strict liability dog bite state, meaning that when a dog bites a person, the dog’s owner is almost always held liable, found in Iowa Code Section 351.28.
While this is a positive thing for the dog bite victim, a victim may have hesitations about filing a claim, with fears that if they do, it would result in euthanasia. Alternately, a Des Moines dog bite victim might become upset if the dog put down doesn’t happen.
A dog bite claim is not meant to penalize the dog or the dog’s owner in any way, other than to ensure that the dog bite owner pays for damages incurred by the victim. These damages may include actual costs, such as medical expenses, as well as noneconomic costs, like damages for pain and suffering.
Laws Surrounding Euthanizing Animals in Iowa
Des Moines animal control officers can seize a dog that is considered to be vicious under Section 18.59 of Des Moines city ordinances. The statute reads that the chief humane officer can act “in his or her discretion” after receiving a complaint stating that a particular dog is vicious, by notifying the dog owner of the charge.
The person who is the owner of the dog then has three business days to contest the validity of the complaint alleging that the dog is vicious. If the claim is not disputed, then the chief humane officer can seize the dog. The dog will be impounded for seven days. If, during that seven-day period, the dog’s owner does not take action, the dog will be euthanized at the conclusion of the seven days.
Should I file a claim for damages if a dog has bitten me?
If you suffered injuries as a result of a dog bite, then filing a claim is in your best interest. You can recover the financial damages needed to address the cost of treatment for dog bites in a claim.
If you have more questions about how to file a claim, the types of damages you can recover, or how filing a claim will affect the dog or dog’s owner, don’t hesitate to talk to an attorney. At Walker, Billingsley & Bair, our attorneys are ready to meet today. Call us now at (888) 435-9886 or read our free eBook, Iowa Consumer’s Guide to Dog Bites.