- Clive Dog Bite Injury Attorneys
- Phone: 641-792-3595
- Directions
In cases of dog-inflicted injuries, dog bite injury attorneys provide essential support to the victims. Their proficiency in animal law helps them adeptly manage liability and compensation complexities, aiming for justice and proper assistance.
Will I Be Affected by the Dog’s Breed When Filing My Claim?
Iowa’s Strict Liability Dog Bite Laws
Iowa primarily enforces a strict liability dog bite law under Iowa Code 351.28, stating that "the owner of a dog shall be liable to an injured party for all damages done by the dog..." This law holds the dog owner responsible for injuries caused by a dog bite, regardless of the dog's breed or history of dangerous behavior, with the exception of cases where the victim was performing an illegal act at the time of the attack.
Iowa’s Negligence-Based Liability
While strict liability covers medical expenses related to the injury, a dog bite victim can pursue a personal injury lawsuit under negligence-based liability to recover additional damages. Negligence may be argued if the owner failed to restrain a dog known for aggression or harbored a dog deemed dangerous or vicious.
Multiple cities in Iowa have specific breed restrictions. For example, Pit Bulls are considered vicious in Clive and banned in Sioux City. Cherokee restricts breeds like Pit Bulls, Akitas, Rottweilers, and Doberman Pinschers. If bitten by a dog classified as dangerous or illegal, proving negligence becomes easier, allowing recovery for medical expenses, lost wages, and pain and suffering.
Do I Need Evidence for a Dog Bite Claim? If So, What Kind?
Evidence Necessary Under Statutory Law
Under Iowa's strict liability statute, proving a dog bite claim requires straightforward evidence:
- Identification of the dog that bit you
- Proof of injuries resulting from the bite
- Evidence that you were not performing an illegal act at the time of the attack
Evidence Necessary Under Case Law
Recovering greater damages under case law requires establishing the dog owner's negligence. Negligence occurs when an owner fails to restrain a known dangerous dog. For example, if the dog had rabies or a history of biting and the owner did not take precautions, they can be deemed negligent.
To prove negligence, you must demonstrate:
- The owner knew or should have known the dog was dangerous
- The owner failed to prevent the dog bite/attack
- The dangerous dog bit or attacked you
- You suffered injuries from the bite/attack
Successfully proving these elements allows recovery for the full extent of injuries, including pain and suffering.
Harboring a Dangerous Dog: Special Rules for Vicious Dogs
When is a Dog Considered Dangerous?
A dog is deemed dangerous or vicious when declared so by the city’s animal control authority. Probable cause for this declaration includes:
- Written complaint from a citizen
- Dog bite reports
- Observations by law enforcement or animal control
- Verified reports of dangerous behavior
- Other substantial evidence
Special License, Certificate, and Requirements
Owners of declared dangerous dogs must obtain a unique license and certificate within 30 days, meeting criteria such as:
- Maintaining the dog within the property
- Posting warning signs about the dog’s nature
- Obtaining a $250,000 surety bond
Liability for Dog Bites in Clive
In Clive, owners of dangerous or vicious dogs are held liable under strict liability if their dog bites or attacks someone. This also applies to owners of non-dangerous dogs, provided the victim was not performing an illegal act at the time of the bite.
How an Attorney Can Help
Given the complexity of dog bite claims and the evidence required, consulting an experienced attorney can be beneficial. An attorney can assist with gathering evidence, documenting injuries, and navigating the legal process to ensure you receive the full compensation you deserve.
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.