Altoona Dog Bite Injury Attorneys

Iowa's Dog Bite Law and Owner Liability

Iowa operates under a strict liability system when it comes to dog bites and attacks. Under Iowa Code Section 351.28, the owner of a dog is liable to the injured person for all damages done by the dog. This means that in most circumstances, a dog owner cannot escape responsibility by claiming they had no prior knowledge that their dog was dangerous or had a tendency to bite. If the dog attacked and someone was hurt, the owner is generally on the hook for the resulting damages.

There is one key exception under this law. The owner is not liable when the injured party was engaged in unlawful conduct that directly contributed to the injury. This exception is most commonly raised when someone claims the bite victim was trespassing on the dog owner's property at the time of the attack. Understanding what legally constitutes trespassing under Iowa law is therefore critical to understanding whether a victim has a viable claim.

How Trespassing Affects Dog Bite Liability in Iowa

Because trespassing is considered an unlawful act, a bite victim who was trespassing at the time of an attack generally cannot pursue the dog owner for damages. However, what legally constitutes trespassing has many gray areas, and not every situation is as straightforward as it may seem.

What Counts as Trespassing Under Iowa Law

Under Iowa law, trespassing occurs either when someone enters a property without justification after receiving notice not to enter, or when the person enters without the owner's permission. The critical detail is that notice must be established. Unless a property is behind a locked gate or contains a sign discouraging visitors, there may be an implied invitation to members of the public to enter for common everyday errands such as selling door-to-door or asking for directions.

Per Iowa Code Section 716.7(3), the general public also has the legal right to retrieve personal property that has entered someone else's property, provided they do not linger and take a direct route to the lost item. For example, a child has a legal right to enter someone's yard to retrieve a ball that rolled there. An attack in that situation would not necessarily protect the dog owner from liability.

When Dog Owners Are and Are Not Liable

Because of Iowa's strict liability system, dog owners may be liable for bites under many circumstances. However, a dog owner may raise the trespassing defense, in which case the bite victim may need to prove that he or she was not trespassing at the time of the attack. For example, a victim who approached a house with no fence and no visible signs discouraging visitors, knocked on the door for directions, and was then attacked when the homeowner answered the door would have a strong argument against a trespassing claim.

There are other circumstances where liability may not apply to the dog owner. If a bite victim assaulted, beat, or otherwise harmed the dog owner in some way before the attack, they cannot claim owner liability for resulting injuries. Assaults can include yelling and other threatening behavior. Situations involving robberies or other conduct that excites a dog and prompts it to bite may also not warrant liability for the owner. Because the details of these cases vary significantly from one incident to the next, it is important to discuss the specific circumstances of your situation with a qualified attorney.

What to Do Immediately After a Dog Bite or Attack

The steps you take in the immediate aftermath of a dog attack have a direct bearing on your health, your safety, and the strength of any future legal claim. Acting quickly and methodically gives you the best chance of receiving full compensation for your injuries.

Secure Your Safety First

Following a dog bite or attack, first secure your own safety and that of others nearby. Separate yourself from the animal and move to a safe location if necessary. Once you are out of immediate danger, you can begin addressing your injuries and gathering important information.

Steps to Take After a Dog Bite or Attack

After removing yourself from danger, the following steps are important to take as soon as possible:

• Wash the bite area thoroughly with soap and water if available
• Seek medical attention from a doctor or emergency room as needed
• Call animal control or a local police department to report the dog attack
• Collect information about the dog, its owner, the circumstances of the attack, and the identities of any eyewitnesses

Should You Call Police or Animal Control?

Yes, you should generally report a dog attack to the proper authorities, especially if the attack results in serious injury, if the dog is not contained after the attack, or if the animal appears sick and poses a continued danger to others. The official report of a dog attack may be used to help establish the circumstances of the incident, and that documentation can become critical evidence in a future personal injury claim. You should not rely solely on your memory of the events; a formal report creates an objective contemporaneous record that can support your account of what happened.

In addition to reporting the attack to authorities, consult with an Iowa personal injury attorney who can help you collect evidence and present a claim for damages against the dog's owner. Under Iowa Code 351.28, the dog owner is liable to the injured person for damages caused by the dog, and an experienced attorney can help establish that liability and document the full extent of your losses.

Dealing With the Insurance Adjuster After a Dog Bite

After a dog bite or attack, you will likely be contacted by an insurance adjuster representing the dog owner's homeowner's or renter's insurance policy. How you handle those conversations can significantly affect the outcome of your claim. Insurance adjusters spend a great deal of time training to use specific techniques and language designed to settle claims quickly and for as little money as possible. Remember, the adjuster does this for a living, all day, every day. You need to be smart and careful about what you say, because anything you share could later be used against you.

Tell the Truth and Keep Thorough Records

The first and most important rule when dealing with an insurance company is to always tell the truth. Anything you say can and will be used against you by the insurance company and their lawyers. Even a small misstatement can ruin your credibility and seriously damage your claim. The best policy is always to tell the truth so you never have to worry about what you said.

At the same time, you should document your damages by keeping track of all documents and other information that may not seem important at the time but could become significant later. Keep a diary or journal recording the names of everyone you speak with and when those conversations occurred. Your diary will help you prove the extent of your damages and can mean a higher evaluation of your overall claim. It will also help you accurately recall what happened in the days and weeks right after the attack.

Medical Records and Doctor Visits Are Critical

If you sustained injuries in the dog attack, your medical records will form the backbone of your claim. The records made when you visit your doctor, physical therapist, or other medical providers will include your description of how you were injured, your physical complaints, the doctor's examination findings, and the treatment you received. Insurance companies base their settlement offers on this information, which makes it absolutely essential that you tell your doctors everything that hurts.

If you fail to disclose a symptom or injury to your doctor, not only will it go untreated, but it will also go undocumented. If you begin to complain about a problem weeks or months after the attack, the insurance company will likely argue that the condition was not caused by the dog bite and use that argument to reduce their offer to you. Consistent medical documentation from the earliest point after the attack is one of the most powerful tools in building a strong claim.

If you are still having problems and they are not improving, return to your doctor. Failing to see a physician regularly is treated by insurance companies as evidence that you have fully recovered. While you should not visit a doctor every single day, you need to maintain regular contact with your medical providers and honestly communicate any continuing symptoms. If your doctor advises you to follow up as needed, that means to return within a few weeks if your symptoms persist.

You should also keep track of all time you miss from work as a result of your injuries. Retain any doctor's notes that excuse you from work and keep a record of time missed for medical appointments. Lost wages are a recoverable element of damages in a dog bite claim, but they must be properly documented.

Do Not Accept a Quick Settlement Offer

Often after a dog bite injury, an adjuster will offer a few thousand dollars in the hope that you will accept quickly and settle the claim before fully understanding its value. If you accept the settlement and sign a release form, it is very difficult, if not impossible, to undo that decision later. While you may be able to handle a property damage claim on your own, when it comes to a personal injury dog bite claim, you may need the expertise of an injury lawyer with experience in handling dog bite and attack injuries. A qualified attorney can evaluate the full value of your claim, including compensation for medical bills, lost wages, pain and suffering, and any future care needs, before you agree to anything.

What Compensation May Be Available to Dog Bite Victims

If you were bitten by a dog and did not engage in any unlawful activity at the time of the attack, you may be able to obtain compensation for your injuries through a personal injury claim or lawsuit. Recoverable damages in a dog bite case can include payment of medical bills, compensation for lost wages, damages for pain and suffering, and potentially more depending on the severity of the attack and the lasting impact of your injuries. Dog bite wounds can cause permanent scarring, nerve damage, and significant emotional trauma that extends well beyond the initial attack.

There are many procedural and substantive considerations involved in dog bite lawsuits, which is why seeking legal help from a qualified attorney is so important. An experienced dog bite attorney can evaluate the circumstances of the incident, establish owner liability, collect necessary evidence, handle all communications with the insurance company on your behalf, and pursue the full compensation you are entitled to under Iowa law.

For more information about your rights after a dog bite, visit iowainjured.com and request a free copy of the Iowa Consumer's Guide to Dog Bites: 5 Insider's Secrets to Not Get Bitten by Your Claim. The guide includes information on common myths about dog bite cases, what to know before talking to an insurance adjuster, and much more, all at no cost or obligation to you.