Ames Dog Bite Injury Attorneys

Dog attacks can happen without warning and leave victims dealing with serious physical injuries, permanent scarring, emotional trauma, and mounting medical bills. Iowa law provides strong protections for dog bite victims, but those protections are not absolute, and the insurance companies that stand behind dog owners are experienced at minimizing payouts, constructing defenses, and using your own words against you. Understanding Iowa's strict liability dog bite statute, the trespassing defense that owners frequently raise, how to recognize and respond to a dog showing signs of aggression, and the tactics insurers use to reduce your claim can mean the difference between recovering full compensation and walking away with far less than you deserve.

The attorneys at Walker, Billingsley and Bair have represented dog bite victims throughout Iowa for more than 28 years and have obtained settlements ranging from $70,000 to $1.8 million for injured clients. If you or a family member has been attacked by a dog in or around Ames, this guide is a starting point for understanding your rights, the defenses you may face, and why having an attorney in your corner from the beginning is so important.

Iowa's Strict Liability Dog Bite Law and When It Applies

Iowa operates under a strict liability standard for dog bites. Under Iowa Code Section 351.28, the owner of a dog is liable to an injured party for all damages caused by the dog when the dog is attacking or attempting to bite a person, with one critical exception: the liability does not apply when the party who was damaged was engaged in an unlawful act that directly contributed to the injury. This means there is no ""one free bite"" rule in Iowa. An owner cannot escape liability by arguing the dog had never shown aggression before or that they had no reason to expect it would attack. If the dog attacked and the victim was not engaged in unlawful conduct, the owner is responsible. Learn more about Iowa dog bite law and your rights as a victim by requesting a free copy of the Iowa Consumer's Guide to Dog Bites.

How Trespassing Affects Dog Owner Liability in Iowa

Because Iowa's strict liability law excludes victims who were engaged in unlawful conduct, the trespassing defense is one of the most commonly raised arguments by dog owners and their insurers. Trespassing is considered an unlawful act, so if a bite victim was genuinely trespassing at the time of the attack, the dog owner may not be liable for the resulting injuries. However, determining whether someone was actually trespassing is far from simple, and many situations involve significant gray areas. Learn more about how trespassing affects liability in Iowa dog attack cases and why the details of each situation matter so much.

What Counts as Trespassing Under Iowa Law

Under Iowa law, trespassing occurs either when a person enters property after receiving notice not to enter, or when a person enters without the owner's permission and without legal justification. The absence of a locked gate or a posted sign discouraging visitors may create what is called an implied invitation to members of the public to enter for common purposes. A person approaching a home to sell something door-to-door, ask for directions, or conduct a similar routine errand may be considered to have entered lawfully even though no express invitation was extended by the property owner.

Iowa Code Section 716.7(3) also grants the general public the legal right to enter another person's property to retrieve personal property that has strayed onto that land, provided the person does not linger and takes a direct route to the item. A child who enters a neighbor's yard to retrieve a ball that rolled over the fence, for example, is doing so lawfully. This is an important protection in situations where dog attacks on children occur in residential settings.

Scenarios Where Owners May Argue No Liability Exists

Even under Iowa's strict liability framework, there are circumstances in which a dog owner may successfully argue that liability does not attach. If the bite victim assaulted, beat, or otherwise harmed the dog owner in some manner, the victim cannot claim the owner is responsible for the dog's response. This includes not only physical assaults but also yelling and other threatening behavior. Robberies and other situations that would reasonably excite a dog and provoke it to bite may similarly relieve the owner of liability. A bite victim who approached a home with no fence, no posted signs, and no locked gate, knocked on the door for a legitimate reason, and was then attacked when the homeowner opened the door is in a very different legal position than someone who jumped a fence to enter a property without any justification.

Because the details of these cases vary so significantly from one incident to the next, discussing the specific facts of what happened with a qualified Iowa dog bite attorney is essential before drawing any conclusions about whether the trespassing defense applies. The burden of proof, what evidence exists, and how Iowa courts have interpreted these situations all require careful analysis by someone who knows Iowa dog bite law.

Recognizing the Warning Signs That a Dog May Attack

While many dog attacks come without warning, dogs frequently display behavioral signals before they bite. Knowing what to look for can help you avoid an attack, and understanding the appropriate response in the moment can reduce the severity of the harm if an attack occurs. Learn more about what to do if you think a dog is going to attack and how to respond in the critical seconds before an attack begins.

Signs a Dog Is Feeling Aggressive, Scared, or Territorial

Several visible cues indicate that a dog is in an agitated state and may be preparing to attack. Tensing of the body is a common early signal. The dog may raise the hair on its neck and back, a behavior known as raising its hackles. Opening its eyes wide so that the whites become visible, sometimes called ""whale eye,"" is another warning signal. A dog may back away, which can seem counterintuitive but can indicate it is positioning itself to lunge. Flattening the ears against the head is also a common sign of fear or aggression that often precedes an attack.

If you notice any of these signals, the appropriate response is to create distance between yourself and the dog immediately and to do so calmly. Moving away without sudden or erratic movements gives the dog space and removes the perceived threat, which is often all that is needed to prevent an attack from occurring.

What to Do When You Cannot Get Away in Time

If a dog is already close enough that moving away is no longer an option, the most effective approach is to remain as still as possible. A dog is considerably faster than a human, and attempting to run will almost certainly trigger a chase response. Staying calm and motionless removes the stimulus that is provoking the dog's aggression and may cause it to back off without attacking.

Avoiding direct eye contact is equally important. Dogs read sustained eye contact as a sign of aggression rather than a sign of calm submission. Rather than staring directly at the dog, turning your head slightly and observing it from the corner of your eye signals non-threatening behavior. Dogs most commonly attack because they feel threatened, believe their young are at risk, or perceive an intruder on their territory. What the dog typically wants is for the threat to become submissive and leave the area.

Every instinct in a threatening situation pushes toward screaming, running, or fighting back. Resisting those impulses is critical. The best approach is to remain quiet, remain still, and place something between yourself and the dog if possible, such as a coat, a bag, or a purse. Even if an attack begins, trying to remain still and protecting your face are the most important physical priorities. Fighting back can enrage the dog further and worsen the severity of the injuries sustained.

Long-Term Consequences of a Dog Attack

Dog attacks can cause permanent injuries, lasting disfigurement, and post-traumatic stress disorder in addition to the immediate physical wounds. Children are especially vulnerable to both severe physical injuries and lasting psychological effects. Past results from Walker, Billingsley and Bair illustrate the range of harm these attacks cause: a six-year-old girl attacked by four dogs was airlifted to the hospital with severe wounds to her head, face, neck, body, and scalp, required more than a week of hospitalization and multiple surgeries, needed counseling for stress and anxiety, and received a $500,000 settlement. A four-year-old boy from Newton was bitten on the face by a neighbor's dog and required surgery to repair his tear ducts and facial wounds, resulting in a $185,000 settlement for scarring to his cheek, mouth, and below his eye.

Past results are not a guarantee of future outcomes. Each case depends on its own unique facts and circumstances.

What Insurance Companies Do Not Want Ames Dog Bite Victims to Know

Once a dog bite claim is filed, the dog owner's homeowner's or renter's insurance company becomes the primary adversary. Insurance companies are among the most powerful corporations in the United States, and they donate millions of dollars each year in an effort to reduce the rights and compensation available to injured Iowans. What they do not control, however, are the judges and juries that ultimately determine the value of an injury claim if a case goes to court. Knowing what the insurer will not tell you is one of the most practical advantages any dog bite victim can have. Learn more by reading about what insurers don't want you to know after an Iowa injury.

The Insurance Company Is Legally Allowed to Lie to You

There is no legal requirement that the insurance company representing the dog owner tell you the truth or act in your best interests. Insurance adjusters are trained to build rapport and appear friendly, particularly when injuries are serious. This is sometimes called the ""Mr. Nice Guy"" or ""Mrs. Nice Lady"" routine, and it is a deliberate strategy designed to encourage trust. In reality, the adjuster's job is to pay you as little money as possible, and adjusters who develop a track record of settling cases below their true value often receive promotions and bonuses. Do not assume that a friendly adjuster is providing you with accurate information about your rights or the full value of your claim.

You Are Not Required to Give a Recorded Statement

One of the first requests an insurance adjuster will typically make is for a recorded statement. The adjuster may tell you that a recorded statement is required before they can evaluate your claim. This is not true. You have no obligation to provide a recorded statement to the insurance company representing the other side. The reason insurers want recorded statements is to ask questions in a way that allows them to use your answers against you later in the claims process or in court. A question as simple as ""have you ever had back pain before?"" is designed to capture an answer that can later be used to argue that your injuries predated the dog attack. A statement given without full knowledge of how it will be used can significantly damage your case and your credibility as a claimant.

Their ""Final Offer"" Is Usually Not Their Best Offer

At some point during settlement negotiations, the insurance company will tell you that their offer is their final offer. In the experience of Walker, Billingsley and Bair, this is most often not true. Making another proposal to settle the case carries essentially no risk. It is highly unlikely that the insurer will respond by withdrawing the prior offer entirely. In some cases, it takes filing a lawsuit and moving through the litigation process to extract the insurer's genuinely best offer, particularly when injuries are severe or permanent.

Intentional Frustration Is a Deliberate Tactic

When the friendly approach does not lead a claimant to accept a low settlement, insurance adjusters sometimes shift to a strategy of deliberate frustration. Making an unreasonably low initial offer, delaying responses, and creating bureaucratic friction are all designed to wear claimants down. Insurers know that a certain percentage of people will accept a lowball settlement simply to end the process and stop dealing with the adjuster. If you are injured and facing a prolonged and frustrating interaction with an insurance company, that experience may be entirely intentional. Working with an experienced injury attorney removes you from direct contact with the insurer and places someone in that role who understands these tactics and knows how to counter them.

They Will Not Pay Your Medical Bills as You Incur Them

Insurance adjusters frequently tell dog bite victims to submit their medical bills directly to the insurance company. This is a strategy, not a service. The insurer is not going to pay those bills as they come in. Rather, they are positioning themselves to use the unpaid bills as leverage to push you toward accepting a lower settlement when collection calls begin and financial pressure mounts. In personal injury cases, it is generally best to have medical bills covered through your own health insurance or other available coverage while the claim against the dog owner's insurer is being resolved. Waiting years for the other side to pay medical bills while your credit rating suffers and your debt accumulates is not a position any injured victim should be placed in.

When to Contact Ames Dog Bite Lawyers

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.

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