Asbury Dog Bite Injury Attorneys

A dog attack can happen without warning, and the consequences can reach far beyond the initial wound. While many bites result in nothing more than broken skin, serious dog attacks in Iowa can cause deep lacerations, tendon and nerve damage, permanent scarring, and in the most extreme cases, death. The physical injuries alone can generate enormous medical bills and force victims out of work for weeks or months. And for many survivors, particularly children, the emotional toll can be just as significant and just as lasting.

If you or a loved one has been attacked by a dog in or near Asbury, understanding Iowa law, knowing what challenges to expect from the dog owner, and recognizing the full scope of injuries you may be entitled to recover damages for are all critical first steps. The attorneys at Walker, Billingsley & Bair have been representing Iowa dog bite victims since 1997, and we are here to help you protect your rights.

What Iowa Law Says About Dog Owner Liability

Iowa's dog bite law is straightforward and strongly protective of victims. Under Iowa Code 351.28, the owner of a dog is liable to an injured party for all damages done by the dog when the dog is attacking or attempting to bite a person. The only exception is when the person who was injured was doing something unlawful that directly contributed to the attack. In other words, unless the victim was engaged in unlawful conduct that contributed to the bite, the dog owner bears full responsibility for the resulting injuries.

There are two legal theories available to Iowa dog bite victims when pursuing damages. The first is strict liability under Iowa Code 351.28. Under this theory, the dog owner is held responsible for injuries caused by a dog bite regardless of the dog's breed or any prior history of dangerous behavior. The second theory is negligence-based liability, which allows a victim to pursue a personal injury lawsuit if they can prove the owner acted carelessly, for example, by failing to restrain a dog with a known history of aggression, or by harboring a dog that had been officially declared dangerous or vicious. Under a negligence-based claim, damages for medical expenses, lost wages, and pain and suffering are all recoverable.

How the Dog's Breed Can Affect Your Claim

While Iowa's strict liability law applies regardless of breed, the breed of the dog involved can become relevant when pursuing a negligence-based claim. Multiple cities throughout Iowa have enacted ordinances that ban, restrict, or declare certain breeds dangerous or vicious. In Des Moines, for example, Pit Bulls are automatically classified as vicious. In Sioux City, Pit Bulls are banned entirely. In Cherokee, restrictions apply to Pit Bulls, Akitas, Rottweilers, and Doberman pinschers.

If a person was harboring a dog that is illegal, restricted, or classified as dangerous or vicious under a local ordinance, and that dog attacked you, this fact significantly strengthens a negligence-based claim. An attorney can help you identify whether such an ordinance applied in your situation and what it means for the damages available to you. To learn more about special rules and requirements for vicious dogs in Iowa, our firm can walk you through the specific rules in your city or county.

Common Defenses Dog Owners Use and How to Address Them

Even in cases where liability seems clear, dog owners and their insurers routinely challenge claims. If you are pursuing compensation after a dog attack, it is important to prepare for the defenses you are likely to encounter. Ask yourself the following questions before and after speaking with an attorney.

Were You Trespassing on the Owner's Property?

Many dog owners believe that if you were on their property without permission, they bear no responsibility for the attack. This is not necessarily true under Iowa law. The statute provides that an owner may not be liable only if the victim was doing something unlawful and that unlawful act directly contributed to the bite. So if a person hopped a fence, startled the dog, and the dog responded by biting, the owner may have grounds to challenge liability. But if the trespass did not contribute to the injury in any meaningful way, the owner may still be liable for damages. The specifics of the situation matter enormously, which is why speaking with an attorney is so important.

Did You Provoke the Dog?

Provocation is one of the most frequently raised defenses in dog bite cases. In some situations, a dog may genuinely have been provoked, such as when someone pulls a dog's tail or corners the animal aggressively. In those circumstances, the owner may successfully challenge liability. However, what constitutes provocation is not always clear-cut. A child who inadvertently startled a dog, or an adult who was playing with the dog in a way that became too rough, may face a provocation argument even when none was intended. The particulars of your situation deserve a careful legal review.

Did the Dog Have Rabies?

Dog owners are generally not liable for bites if the dog had rabies and the owner did not know and could not reasonably have been expected to know about it. However, if you can show that the dog owner was negligent in a way that contributed to the exposure, such as by leaving a gate unsecured and allowing a child access to the backyard while the dog was outside, the owner may still be held liable. These situations require careful investigation, and documenting the owner's knowledge and behavior before the attack is key.

The Long-Term Physical Effects of a Serious Dog Bite

Dog attacks can have lasting physical effects that go far beyond the initial wound. Depending on the severity and location of the bite, victims may face months or even years of ongoing treatment, and in some cases the injuries are permanent. Understanding the full range of potential long-term consequences is essential to making sure your claim accounts for every aspect of your damages.

Physical Disfigurement and Disability

Serious dog bites can result in permanent physical disfigurement. This may include permanent scarring, paralysis or partial paralysis, long-term mobility problems, and in the most severe cases, amputation. Plastic or reconstructive surgery may be necessary to address scarring and tissue damage, but conditions such as paralysis may be irreversible, requiring victims to cope with lifelong disabilities and the significant medical costs that accompany them.

Treatment for deep dog bites typically involves stitches or staples to close wounds, but the appropriate treatment plan depends heavily on the severity and location of the injury. Complications can include infection, significant scarring, and damage to underlying structures such as tendons and nerves. Proper aftercare is essential to prevent worsening outcomes, including keeping wounds clean, following prescribed medication protocols, and receiving a tetanus shot if necessary.

Infections and Life-Threatening Complications

While serious infections from dog bites are not common, they do occur and can be dangerous when they do. Dog bites can transmit rabies, which can be deadly if left untreated. Other serious complications include sepsis, loss of function in the affected area, and in the most severe untreated cases, death. Prompt medical attention following any dog bite is not just advisable, it is critical. The connection between a victim's timely medical care and the long-term outcome of their health and their legal claim is direct and significant.

The Mental and Emotional Toll of a Dog Attack

The physical injuries from a dog attack are often the most visible, but the psychological damage can be just as serious and far longer lasting, particularly for children. Dog attacks can cause significant mental and emotional trauma that deserves the same legal recognition as physical injury.

Children who are attacked by dogs may develop attachment disorders in addition to PTSD symptoms. Adults commonly experience ongoing PTSD as well. Counseling and therapy are essential components of recovery for these psychological injuries, and the costs of that ongoing mental health treatment are a legitimate and compensable part of your damages. If your child was attacked and has required counseling, that treatment history should be thoroughly documented from the beginning.

What to Do Immediately After a Dog Attack in Asbury

The steps you take in the hours and days following a dog attack in Asbury or anywhere in Iowa can have a significant impact on both your health and the strength of your legal claim. Taking the right actions right away protects both:

1. Seek medical attention immediately, even if the wound appears minor. Infections and complications can develop quickly and may not be visible at first.
2. Report the attack to local authorities, including animal control. A documented report creates an official record of the incident.
3. Collect information from the dog owner, including the dog's rabies vaccination status, the owner's name and contact information, and insurance details.
4. Document your injuries with photographs as soon as possible, and continue documenting throughout your recovery.
5. Contact a personal injury attorney in Iowa for legal advice and representation before speaking with any insurance company.

What Compensation Can You Recover?

Victims of dog attacks in Iowa may be entitled to compensation for a wide range of losses. Under a strict liability theory, medical expenses directly related to the injury are recoverable. Under a negligence-based theory, the recoverable damages are broader and include medical expenses, lost wages from time missed at work, and pain and suffering. When the injuries involve permanent disfigurement, ongoing disability, or serious psychological trauma, the long-term value of a claim can be substantial. An experienced attorney will make sure all of these categories are fully accounted for before any settlement is considered.

Our office has seen too many dog bite victims make costly mistakes before they had the chance to speak with an attorney, mistakes that ended up reducing the value of their claims by thousands of dollars. Before you talk to the dog owner's insurance company, before you sign any paperwork, and before you accept any offer, you should know your rights and understand what your case may be worth.

When to Contact Asbury 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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