Belle Plaine Dog Bite Injury Attorneys

Dogs are beloved companions for many families in Belle Plaine, but even a seemingly friendly animal can bite or attack without warning. When that happens, understanding Iowa's dog bite laws, knowing how to report the incident, and knowing what to do if the dog has bitten before can make a real difference in the outcome of a claim. Walker, Billingsley & Bair has put together this guide to help dog bite victims in Belle Plaine understand their rights.

A Closer Look at Dog Bite Laws in Iowa

While the idea of dogs being man's best friend sounds nice, the reality is that a dog can turn on a person at any time, leading to severe or even life threatening injuries. When someone in Belle Plaine has been injured in an animal attack, understanding Iowa's dog bite laws becomes important right away.

Owner Liability Under Iowa Law

Iowa has a statute that imposes liability on a dog owner for injuries or damages caused by their dog. Under Iowa Code 351.28, the owner of a dog that causes injury to a person is liable for all damages related to the incident. This liability can extend beyond the direct injuries caused by the bite or attack itself. For example, if someone attempting to escape a dog attack runs into the street and is struck by a car, that person may be able to make a claim for the additional injuries from being hit. Similarly, if someone riding a bicycle is chased by a dog attempting to attack or bite them, and they are thrown from the bike and injured as a result, they may also have a claim under Iowa's dog bite laws.

Recognizing Rabies in Dogs and Stray Animals

Rabies is a deadly virus that can spread to humans through the saliva of infected animals. If an animal appears unwell, it is best to stay away and contact local animal control to investigate. Symptoms of rabies can include:

Should You Call the Police or Animal Control to Report a Dog Attack?

Yes, a dog attack in Belle Plaine should generally be reported, especially if it results in serious injury, the dog is not contained, or the animal appears sick and remains a continued danger. Reporting the attack creates an official record that can matter a great deal if a legal claim follows.

Beyond reporting the incident, victims can also consult a personal injury attorney for help collecting evidence and presenting a claim for damages against the dog's owner. An attorney can evaluate the circumstances of the attack, help establish the owner's liability, and gather the evidence necessary to support a claim. The official report of the incident may later be used to help establish the facts of what happened.

Is There a Law for Dogs That Have Previously Bitten Somebody?

Iowa has no "one bite rule," meaning a dog does not need to have previously bitten someone, or otherwise shown a propensity to bite, in order for the owner to be held liable for damages. Whether or not a dog has bitten before has no effect on a victim's ability to recover compensation in Belle Plaine.

Strict Liability for Dog Owners

Dog owners in Iowa are strictly liable for damages caused by their dog if it bites or attacks a person. Victims do not have to prove the owner was negligent to recover damages. To succeed with a claim, a victim generally only needs to show that the dog bit them, that they suffered damages, and that the defendant owns the dog. Victims should also be prepared to show they were not engaged in illegal activity, such as trespassing, at the time of the bite.

Why Some Dogs Bite

Dogs show aggression for a variety of reasons. They may be territorial, possessive, protective, or afraid. Biting can also be a learned behavior, and a dog's training and environment can make it more or less likely to bite. A dog raised in an abusive environment, for instance, may become more aggressive and more likely to bite.

How Municipalities Regulate Dogs With a Bite History

Owners whose dogs have previously bitten someone should take steps to prevent a repeat incident. Many Iowa municipal ordinances define a vicious dog as one that has attacked a person or has a disposition to attack, cause injury, bite, or snap at a person, and certain breeds may be classified as vicious under these ordinances as well, including specific terrier breeds or dogs with the appearance of those breeds. Dogs declared vicious under this type of ordinance are typically required to be confined in a house, pen, or kennel, or kept on a leash of limited length that cannot be tied to an inanimate object like a tree. Because these ordinances vary depending on where a dog owner or bite victim lives, it is worth checking the applicable rules if a dog has bitten someone, has shown a propensity to bite, or if you were the one bitten. Be sure to report a dog bite if it happens to you.

Legal Options for Dog Bite Victims

People who are victims of dog bites in Belle Plaine can file a personal injury claim or lawsuit against the dog's owner. Bite victims may recover both economic and non-economic damages. Economic damages include things like medical expenses, lost wages, and out-of-pocket expenses related to the injury, while non-economic damages include pain and suffering and disfigurement. Because the standard for liability is low in a dog bite case, an attorney can help ensure victims receive fair compensation for what they have suffered.