- Blue Grass Dog Bite Injury Attorneys
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A dog bite in Blue Grass can leave you with painful injuries, unexpected medical bills, and questions about whether you even have a valid claim. Understanding Iowa's rabies vaccination law, how trespassing can affect a dog owner's liability, and whether the breed of the dog matters can help you understand your rights and protect your claim from the start.
Iowa's Rabies Vaccination Law
Because vaccination saves lives, Iowa treats the rabies vaccine for dogs as a legal requirement rather than a suggestion. Under Iowa Annotated Statute Section 351.33, it is unlawful for any person to own or possess a dog six months of age or older that has not been vaccinated against rabies. Dog owners who ignore this requirement are committing a simple misdemeanor offense, and the consequences can extend well beyond a citation.
For a Blue Grass resident bitten by a dog, confirming whether the animal was up to date on its rabies vaccine is one of the first practical steps to take, since it affects both the medical treatment path and the strength of a future claim.
If a dog is found running at large without proof of vaccination, local law enforcement or the board of health has the authority to impound the animal. From there, the owner has one week to retrieve the dog and provide evidence of vaccination, or to have the dog vaccinated immediately. Failing to do either can result in the dog being euthanized. Documenting a dog's vaccination status matters after a bite, since it can shape everything from your medical treatment plan to your dog bite claim.
Exemptions to the Rabies Vaccine Requirement
- The dog is under six months of age
- The dog is kept in a kennel and never allowed to run at large
- The dog is under the owner's control, in transit, and will be in Iowa for less than 30 days
- The dog is being exhibited and will be in the state for less than 30 days
- The dog is assigned to a research facility
Only a licensed veterinarian may administer the rabies vaccine in Iowa, and the vaccine must be approved by the state department of agriculture and land stewardship. After vaccination, the veterinarian issues a certificate that the owner should keep accessible, along with a rabies tag meant to stay on the dog's collar at all times.
Whether or not the dog that bit you was vaccinated, Iowa law still gives you options to pursue compensation. Our dog bite attorneys can help Blue Grass victims understand their rights after an attack.
How Trespassing Affects Liability in a Dog Attack
Generally, unless a dog attack victim is engaged in unlawful conduct, the owner is responsible for controlling the dog and liable for any injuries. Iowa Code Section 351.28 states that the owner of a dog is liable to an injured party for all damages done by the dog when it is attacking or attempting to bite a person, except when the injured party was doing an unlawful act that directly contributed to the injury. If someone trespasses on a dog owner's property, the property owner may not be liable for the resulting bite or attack.
What Counts as Trespassing?
Trespassing is an unlawful act, so if a bite victim was trespassing, they generally cannot recover damages from the dog owner. What counts as trespassing, however, is not always straightforward. Under Iowa law, trespassing happens either when someone enters a property without justification after being told not to enter, or when they enter without the owner's permission. Unless a property is behind a locked gate or posted with a sign discouraging visitors, there may be an implied invitation for members of the public to enter for common errands, such as selling door-to-door or asking for directions.
Iowa law also gives the general public the right to retrieve personal property that has entered someone else's land, as long as they do not linger and take a direct route to the item. A child retrieving a stray ball from a neighbor's yard, for example, has a legal right to be there.
When Are Dog Owners Liable or Not Liable?
Because of Iowa's strict liability system, dog owners may be liable for bites under many circumstances. A dog owner may argue that the victim was trespassing, in which case the bite victim may have to prove they were not. For example, someone who approached a house with no fence and no signs discouraging visitors, knocked on the door to ask for directions, and was attacked when the owner opened the door would likely not be considered trespassing.
If a bite victim assaults, beats, or otherwise harms the dog owner, they cannot claim the owner is liable for their injuries. This can include yelling and other threatening behavior. Robberies and other situations that excite a dog and prompt it to bite may also fall outside the owner's liability. Because the facts of these cases vary widely, it is worth discussing your specific situation with an attorney.
Does the Dog's Breed Matter in an Injury Claim?
If a dog attacked you, the breed of the dog does not matter. The owner is responsible for the dog and for your damages. Iowa law holds dog owners responsible for damages inflicted by their dogs in most circumstances, with limited exceptions, such as when the injured person was engaged in unlawful conduct that directly contributed to the injury, or when the dog suffers from hydrophobia, a side effect of rabies, and the owner did not know and could not reasonably have known about the illness.
When Breed-Specific Rules Can Still Matter
While the breed of a dog does not determine liability under Iowa's dog bite statute, breed can still come up in a claim. Several Iowa cities have declared certain breeds automatically dangerous or vicious, a classification often reserved for dogs with a history of biting or attacking, or dogs trained to fight. Some localities place restrictions on certain breeds or ban ownership outright. Owners of dogs classified as vicious may be required to take special precautions, such as carrying insurance and ensuring the dog is properly confined. While owners of any breed are responsible for injuries their dog causes, a victim may point to an owner's failure to follow local breed-specific ordinances if that failure contributed to the attack.
Recovering Damages in a Dog Bite Claim
Compensation available in a dog bite injury claim can include medical costs, such as antibiotics, medical care, surgery, and reconstructive surgery if needed. Victims may also pursue lost wages while recovering from the attack and any related treatment. When a victim sustains serious physical harm or permanent disfigurement, they may also pursue damages for emotional distress, and Iowa law even allows recovery of emotional distress damages in certain cases where someone witnessed an especially severe attack.
These damages apply regardless of the breed of dog involved, since Iowa's strict liability approach focuses on the owner's responsibility rather than the type of dog that caused the injury. A Blue Grass resident bitten by a small dog has the same legal rights as one bitten by a larger breed, so long as the basic elements of a claim are met.
How a Blue Grass Dog Bite Attorney Can Help
Whether you are dealing with questions about a dog's vaccination status, uncertainty about whether you were trespassing, or wondering if the breed of dog that attacked you affects your claim, an experienced attorney can help sort through the details of your case. Building a strong dog bite claim often requires careful attention to the specific facts, and legal guidance can help make sure you pursue every form of compensation you may be entitled to.
Dog bite cases can turn on small details, whether that means proving you had an implied invitation to be on someone's property, showing a dog owner knew about a local breed ordinance and ignored it, or documenting whether a dog's vaccination status was ever confirmed. Working with an attorney who understands these nuances helps make sure nothing about your Blue Grass claim is overlooked.
When to Contact Blue Grass 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.