Charles City Dog Bite Injury Attorneys

Serving dog bite and animal attack victims throughout Charles City and Floyd County, Iowa.

A dog attack can happen without warning and leave victims with injuries that go far beyond what is visible on the surface. Physical wounds, permanent scarring, lost wages, and lasting psychological trauma are all real consequences that Iowa law recognizes and allows victims to pursue compensation for. Whether you were bitten in a neighbor's yard, attacked while walking down a street in Charles City, or injured while trying to escape a threatening dog, understanding Iowa's dog bite laws and what compensation you are entitled to is the essential first step toward recovery.

This article draws entirely on content from Walker, Billingsley & Bair, Iowa's leading dog bite attorneys, to give Floyd County residents a thorough understanding of Iowa dog bite liability, the full range of damages available to attack victims, and what Iowa municipalities can do about vicious and dangerous dogs even before a bite occurs.

Iowa Dog Bite Laws: Owner Liability and Your Rights Under Statute 351.28

Iowa has a statute that imposes liability on dog owners for injuries or damages caused by their animals. Under Iowa Code Section 351.28, the owner of a dog that causes injury to a person is liable for all damages related to the incident. This is a strict liability standard, meaning the owner does not have to be negligent in the traditional sense for liability to attach. The dog owner is responsible simply by virtue of owning the dog that caused the harm.

The reach of this liability is broader than many people realize. Iowa dog bite law covers damages that extend beyond the direct injuries caused by the bite itself. If a person is attempting to flee a dog attack and runs into the street and is struck by a car, the victim can make a claim for those additional injuries under Iowa's dog bite law. Similarly, if a person riding a bicycle is chased by a dog attempting to attack, and the cyclist falls from the bike and is injured, the bicycle rider may pursue a liability claim against the dog's owner for all resulting damages.

Exceptions to Owner Liability

Exceptions to the owner's liability do exist. If the victim provoked the dog in a cruel manner, liability may be reduced or eliminated. Another exception applies if the dog had rabies. However, if the owner knew the dog had rabies and could have reasonably prevented the injury through appropriate action, that exception may not protect the owner. Because each situation carries its own unique facts, it is always best to consult with an Iowa dog bite attorney before drawing any conclusions about whether an exception might apply to your case.

Rabies and Stray Animals: When to Be Concerned

Rabies is a deadly virus that can spread to humans through the saliva of an infected animal. If you encounter an animal that appears to be acting ill or behaving strangely, stay away from it and contact your local animal control immediately. Warning signs that an animal may have rabies include aggression, biting, a dazed or confused demeanor, refusal to drink water, and foaming at the mouth. Any bite from a stray or unknown animal should be reported and evaluated medically without delay.

Vicious and Dangerous Dogs: Filing a Complaint Before Anyone Gets Hurt

Iowa law does not require that a dog actually bite someone before action can be taken against it. Many communities follow a two-tier system for classifying and regulating threatening animals, and residents who feel endangered by a dog in their neighborhood have the right to file a formal complaint even if the dog has not yet attacked anyone.

The Definition of a Vicious Dog

A dog may be classified as vicious if it meets any one of the following conditions:

• The dog has attacked a human being or domestic animal without provocation
• The dog has a tendency to attack, cause injury, or endanger the safety of humans or domestic animals
• The dog snaps or bites
• The dog has been trained for dog fighting or other animal fighting
• The dog has been trained to attack humans, whether on command or spontaneously in response to human activities, with the exception of police dogs
• The dog is one of the following specified breeds or has the appearance of such a breed: Staffordshire terrier, American pit bull terrier, or American Staffordshire terrier

Under this definition, dogs that growl, bark aggressively, become rigid, or otherwise appear threatening may be labeled vicious. Additionally, if a dog harms a person in ways other than biting, such as knocking them down or clawing at their face, the city can declare the dog vicious based on that conduct.

The Definition of a Dangerous Dog

To qualify for a dangerous designation, the dog must meet at least one of the following criteria:

• The dog has bitten or clawed a person on two separate occasions within a 12-month period
• The dog has bitten or clawed once and caused injuries above the shoulders
• The dog could not be controlled or restrained by the owner at the time of the attack
• The dog has attacked a domestic animal or fowl on three or more separate occasions
• The dog has killed a domestic animal while off the owner's property

What Happens After a Complaint Is Filed

Vicious dogs are subject to municipal regulations that include a separate licensing requirement, a $100,000 liability insurance policy requirement, and special confinement rules keeping the animal in a house, structure, or on a leash. If the Chief Humane Officer does not believe the owner can reasonably maintain the dog safely, the officer has the authority to have the dog euthanized. Dangerous dogs are seized by the Chief Humane Officer after three days from the time of the declaration and are impounded for seven days or until seven days after an appeal process confirms the dangerous designation. If an appeal reverses the declaration, the owner receives the dog back.

Full Compensation for Dog Bite Victims in Iowa: What You Can Recover

The damages available to Iowa dog bite victims are extensive and go well beyond payment for the immediate medical costs. A thorough understanding of what the law allows you to recover is critical to making sure you do not settle for less than your case is worth.

Medical Expenses

All reasonable and necessary medical expenses that have already been incurred, and those that are reasonably certain to be needed in the future because of the injury, are recoverable. This includes every form of care and treatment, whether it involves hospital stays, physician visits, therapy, nursing care, diagnostic testing, surgery, physical rehabilitation, or pain management. Importantly, you can recover the full value of your medical expenses from the responsible party even if your own health insurance has already paid part or all of those bills.

Lost Wages and Future Loss of Earnings

A dog bite that keeps you from working entitles you to recover your lost wages, including wages, commissions, bonuses, and all other earnings and fringe benefits. You can recover the full value of those losses even if your employer or a disability insurance policy covered some of the income gap during your recovery. If your injuries permanently limit your earning capacity, you can also recover for the reduction in your ability to earn over the remainder of your working years.

Pain and Suffering

The right to compensation for physical pain and mental anguish, both past and future, is ordinarily the most significant element of a dog bite claim. These general damages are entirely separate from, and in many cases far greater than, the dollar amounts for lost wages and medical bills. They are designed to compensate you for what the injury has actually cost you in terms of your daily experience of life.

Loss of Full Mind and Body

If the attack causes a loss of function or use of any part of your body or mind, you are entitled to compensation for that loss. These damages are awarded in addition to the other categories described here and exist to address the full human impact of a serious injury.

Disfigurement

Dog bites frequently cause scarring that lasts a lifetime, particularly when the injuries affect highly visible areas such as the face, hands, and arms. Iowa law allows victims to recover for the disfigurement itself as well as for the humiliation and embarrassment that naturally accompany permanent scarring. Research from the Centre for Appearance Research at the University of the West of England has found that people with disfigurements often experience negative self-perceptions, difficulties with social interaction, social anxiety, fear of negative evaluation, lowered self-esteem, and behavioral patterns of social avoidance. These are real, documented consequences, and they are compensable under Iowa law.

Damage to Family Relationships

Serious injuries do not only harm the person who was attacked. They affect entire families. When an injury to a spouse or child damages the relationship itself, the law recognizes that harm and allows recovery for the loss of society, affection, and assistance that the relationship has suffered.

Wrongful Death

In the most tragic cases, when a dog attack results in death, damages are available to the beneficiaries of the deceased, which often includes a spouse, parent, or child. Wrongful death damages extend beyond economic loss and may include compensation for loss of consortium, defined as the loss of companionship, comfort, guidance, affection, aid, and general usefulness within the home and family. Damages may also be available for the value lost to the deceased person's estate.

The Psychological Impact of Dog Bite Disfigurement

When a dog attack leaves visible scars, the emotional consequences can be as debilitating as the physical ones. Victims with facial or upper-body disfigurement often become self-conscious and begin avoiding social situations. They may receive unwanted stares and repeated questions about their appearance. Over time, this can produce spirals of negative emotions, maladaptive thought processes, unfavorable self-perceptions, and patterns of social withdrawal.

As researchers Patricia Blakeney, Ph.D., and Daniel Creson, M.D., Ph.D., wrote in a 2002 report in The Journal of ERW and Mine Action, survivors of physically disfiguring trauma face extraordinary challenges to human resilience and must find new identities to fit new body images, a process that is complex and arduous whether for young children or adults.

Iowa dog bite victims dealing with these psychological effects may be entitled to compensation for post-traumatic stress disorder and other emotional disorders. Treatments for these conditions that may be covered include cognitive techniques, psychotherapy, psychosocial interventions, physiotherapy, speech therapy, EMDR (Eye Movement Desensitization and Reprocessing), counseling, lifestyle changes, and medications. Seeking proper diagnosis and treatment is essential both for your wellbeing and for documenting these injuries as part of your legal claim.

When to Contact Charles City 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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