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An off-leash dog bite can happen in just a few seconds, but the physical, emotional, and financial problems last much longer. A dog attack may result in puncture wounds, lacerations, scarring, medical treatment, lost wages, anxiety, nightmares, and other problems that are not always immediately apparent.
If you have been bitten or attacked by a dog in Iowa, one of the most important things is that Iowa law generally places responsibility on the dog owner when the dog causes injuries. Iowa is a strict liability state for dog bites. This means that, in many cases, you do not have to prove that the owner was negligent or that the dog had previously shown aggressive behavior.
The fact that a dog was running loose or was off-leash can be important to the circumstances surrounding an attack, but the dog does not have to be off leash for Iowa’s strict liability rule to apply. Whether the dog was restrained, running loose, or had never bitten anyone before, an injured person may have a claim against the dog’s owner.
What Is an Off-Leash Dog Bite?
An off-leash dog bite occurs when a dog that is not properly restrained attacks or bites another person. An off-leash dog may escape from a yard, run away from its owner, get loose from a home or enclosure, or be intentionally allowed to run without a leash. However, being off-leash is not what creates liability under Iowa’s dog bite law.
Iowa imposes strict liability on dog owners for injuries caused by their dogs in most circumstances. Under Iowa Code Section 351.28, the owner of a dog is liable to an injured party for damages caused by the dog, subject to limited exceptions.
This means an injured person generally does not have to prove that the owner acted carelessly. The dog also does not need to have a history of biting or aggressive behavior.
What Should You Do After an Off-Leash Dog Bite?
After a dog attack, your health should be your priority. However, there are several additional steps you should take as soon as possible.
1. Report the Dog Attack
If you have been bitten or injured by a dog, notify the local police or animal control.
Depending on the circumstances, calling 911 may be appropriate. Having the incident investigated can help establish what happened and provide important information about the dog and its owner.
Police or animal control officers may determine whether the dog is up to date on its rabies vaccination. They may also obtain information about the dog's owner and potentially available insurance coverage.
Reporting the attack also creates an official record of the incident that may become important later.
2. Find Out if the Dog Is Vaccinated
One of the most important things to determine after a dog bite is whether the dog is up to date on its rabies vaccination.
Police or animal control officers will generally investigate the dog's vaccination status. They may contact you to let you know whether the dog is up to date.
If the dog is not current on its rabies vaccination, you may need immediate medical treatment and a series of rabies injections. Treatment can also involve injections directly into the area of the wound.
Rabies is an extremely serious disease, so it is important to take the vaccination status of the dog seriously and follow appropriate medical advice after an attack.
3. Get Medical Treatment
Even if a dog bite initially appears to be a relatively minor injury, you should seek appropriate medical attention.
After speaking with the investigating officers, you may need to go by ambulance or by your own vehicle to a local emergency room or urgent care clinic.
Immediate medical treatment is important for your health and recovery. It can also create documentation showing the nature and extent of your injuries. Waiting to receive medical care can make it more difficult to establish the seriousness of your injuries and may negatively affect a compensation claim.
Dog attacks can result in more than simple puncture wounds. Serious dog bite injuries can involve significant tissue damage, scarring, and other lasting problems.
Photograph Your Dog Bite Injuries
One of the simplest things you can do after a dog bite is take photographs of your injuries. Dog bites frequently result in puncture wounds and other visible injuries. Take clear photographs as soon as possible after the attack.
Continue taking photographs every few days as your injuries heal. If you require stitches, take additional photographs after the stitches are removed and continue documenting the injury as it heals.
This can be particularly important when a dog bite leaves a permanent scar. A photograph taken immediately after the attack can show the original condition of the injury, while photographs taken during the healing process can show how the wound changed over time.
You should also keep copies of your medical records and other documentation related to the treatment of your injuries.
Dog Bite Injuries Can Leave Permanent Scars
Scarring is one of the most significant long-term consequences of some dog attacks. A dog bite may heal without leaving a significant mark, but more serious wounds can result in permanent scarring or disfigurement.
The location of a scar can also be important. A scar on the face, neck, hands, or another visible part of the body may have a lasting impact on the injured person. This is important when a child is bitten by a dog. A child may have to live with a permanent scar for many years.
Because scars can change as they heal, continuing to photograph the injury can provide valuable documentation of the progression from the initial wound through the healing process.
Emotional Injuries After a Dog Attack
A dog bite can be frightening, and the emotional effects may continue long after the physical wounds have begun to heal. You or your child may experience nightmares, anxiety, fear, or other mental health problems following an attack.
If you experience these problems, it is important to discuss them with your primary care physician. Your doctor may recommend that you seek treatment from a mental health provider.
Seeking mental health treatment is not a sign of weakness. A dog attack can be a traumatic experience, and getting appropriate treatment can help you deal with the effects of the attack.
It is also important not to wait months before seeking help if you are experiencing significant emotional problems. Promptly documenting these symptoms with your physician can help establish their connection to the dog attack.
What Does Iowa Law Say About Dog Bites?
Iowa has an important law protecting people who are injured by dogs.
In general, an owner can be responsible for injuries caused by the owner's dog. The dog does not necessarily need to have a history of biting or aggressive behavior before the owner can be held responsible. This means an Iowa dog bite claim can exist even when the attack was the dog's first bite.
There are limited exceptions. For example, Iowa law provides an exception when the injured person was committing an illegal act at the time of the attack, such as attempting to break into someone's home. The specific circumstances of the attack therefore matter when determining whether an injured person has a claim.
Does the Dog Have to Bite You To Have a Claim?
Not necessarily. People sometimes assume that an Iowa dog bite claim only applies when a dog's teeth physically break the skin. However, a person can suffer serious injuries during a dog attack without necessarily being bitten.
For example, someone may be injured while trying to escape an attacking dog. The important question is what happened during the attack and whether the injuries were caused by the dog. This is another reason why you should report the incident and seek medical treatment after a serious dog attack, even if you do not have a traditional bite wound.
Be Careful With the Dog Owner's Insurance Company
After an Iowa dog bite, you may learn that the dog's owner has homeowners insurance or other insurance that may provide coverage for the injuries.
Once an insurance company becomes involved, you may be asked to provide a recorded statement. You are not required to provide a recorded statement simply because an insurance adjuster asks for one.
A recorded statement can potentially be used against you later. Insurance adjusters are trained to ask questions about an accident and the resulting injuries. If you misunderstand a question, give an incomplete answer, or describe your injuries before you fully understand their extent, your statement could create problems with your claim.
For this reason, you should be cautious about providing statements to an insurance company before you understand your rights and the potential consequences.
Obtain the Police or Animal Control Report
After the investigation, obtain a copy of the police or animal control report if available. The report may contain important information about the attack, the dog's owner, the dog's rabies vaccination status, and potentially available insurance coverage.
Police and animal control officers may also document information that could otherwise be difficult to establish later. Keep the report with your other records concerning the dog bite injury.
What If a Child Is Bitten by an Off-Leash Dog?
Children can suffer serious physical injuries from dog attacks, including injuries that result in permanent scarring. They may also experience significant fear, anxiety, nightmares, or other emotional problems following the attack. Parents should make sure their child receives appropriate medical care and that the injuries are thoroughly documented.
Photograph the injuries immediately and continue taking photographs as the wounds heal. Keep copies of medical records and document any emotional or psychological problems that develop following the attack.
Conservatorships for Children With Serious Dog Bite Injuries
When a minor child suffers significant injuries in a dog attack, a conservatorship may be necessary. If a conservatorship is required, the court may require a bond to be posted by the conservator.
Parents should understand that there are different ways to structure the settlement of a dog bite claim involving a minor child. The way the settlement is structured can be important for how and when the child receives compensation. This is one reason why parents of a seriously injured child should understand their options before finalizing a settlement.
Do You Need an Iowa Dog Bite Attorney?
Not every dog bite requires an attorney.
If you suffered a relatively minor injury, the wound healed completely, there is no permanent scarring, and you are not experiencing ongoing mental health problems, you may be able to negotiate the claim yourself.
However, more serious injuries can make a dog bite claim considerably more complicated. You may want to consider speaking with an Iowa dog bite attorney if you or your child experienced:
- Significant or permanent scarring
- Serious physical injuries
- Extensive medical treatment
- Emotional or mental health problems
- Permanent disfigurement
- Lost wages
- A serious injury involving a minor child
- A potential conservatorship
- Questions about how to structure a settlement
- Problems dealing with the insurance company
If you or a loved one has sustained injuries caused by a dog bite, then feel free to give us a call at 641-792-3595. Your information will remain confidential, and there is no cost or obligation.
Common Mistakes After an Off Leash Dog Bite
After a dog attack, some mistakes can make it more difficult to protect your health or your claim.
Failing to report the attack
Reporting the incident can create an official record and help authorities determine the dog's vaccination status.
Waiting to seek medical treatment
Prompt medical care can help protect your health and document the injuries caused by the attack.
Failing to photograph the injuries
Dog bite wounds change as they heal. Photographs taken immediately after the attack and throughout the healing process can document those changes.
Ignoring emotional symptoms
Nightmares, anxiety, and other mental health problems should not simply be ignored. Discuss significant symptoms with your primary care physician or an appropriate mental health provider.
Giving a recorded statement without understanding the consequences
You generally do not have to provide a recorded statement simply because the insurance company requests one. Be cautious about making statements before you understand how they could affect your claim.
Settling a claim too quickly
A serious dog bite injury can involve permanent scarring, emotional problems, future medical treatment, and other consequences that may not be fully apparent immediately after the attack.
This is particularly important when a child is injured because conservatorship and settlement requirements may apply.
Protecting Your Rights After an Iowa Dog Bite
An off-leash dog bite can have consequences that extend well beyond the day of the attack. Physical wounds may take time to heal, scars can become permanent, and emotional problems may develop after the immediate danger has passed.
If you have been injured by an off-leash dog, start by taking care of your health. Report the attack to the appropriate authorities, find out whether the dog is current on its rabies vaccination, seek prompt medical treatment, and carefully document your injuries.
Take photographs as your wounds heal, keep your medical records, and document any emotional problems that develop. If an insurance company contacts you, be careful about providing a recorded statement.
For serious dog bite injuries, particularly those involving permanent scarring, significant emotional problems, or a minor child, it is important to understand the potential legal and financial consequences before deciding how to resolve the claim.
Iowa law provides important protections for people injured by dogs, and an owner may be responsible for injuries caused by a dog even when the dog has never bitten anyone before. Whether the dog was off leash, whether the attack was the dog's first, and whether the owner knew the dog could be dangerous are all circumstances that may be relevant to understanding what happened.
Get Your Free Dog Bite Guide
If you or a loved one has sustained injuries caused by a dog bite, then feel free to give us a call at 641-792-3595. Your information will remain confidential, and there is no cost or obligation. One of our experienced Iowa dog bite lawyers will listen to your story, answer your questions, and help you decide what to do.
Sometimes people do not want to talk to an attorney right away, which is fine. This is one of the many reasons that we offer our Iowa Dog Bite Book at no risk or cost. Claim yours now at DogBiteBook.com before you make a costly mistake. Iowans are beginning to realize that they should learn more about Iowa law and that the insurance company adjuster for the dog owner is not going to help them. Finally, you can learn about Iowa dog bite laws in the comfort of your own home with no pressure.
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