- Colfax Dog Bite Injury Attorneys
- Phone: 641-792-3595
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A dog attack can happen in an instant, whether you are visiting a neighbor in Colfax, walking through your own neighborhood, or simply standing in someone's yard. The physical injuries are only part of the ordeal. Victims are often left wondering what to do next, whether they need an attorney, and how to protect themselves from an insurance adjuster who does not have their best interests at heart. Understanding Iowa's dog bite law, the medical risks that come with a bite, and practical ways to prevent an attack in the first place can help Colfax residents stay informed and protected.
Iowa's Dog Bite Law and Common Myths
Beginning in 1862, the Iowa Legislature passed the first law holding dog owners liable for injuries caused by their dogs. The law has changed several times since, but current Iowa law provides that a dog owner is liable to an injured party for damages caused by the dog attacking or attempting to bite someone, except when the injured party was doing something unlawful at the time. This is a lower standard than many other personal injury cases, where the injured party has to prove negligence or recklessness. For Colfax residents bitten by a dog, this means the path to holding an owner accountable does not require proving the dog had a history of aggression.
Despite this straightforward legal standard, there are many myths and misconceptions about what to do after a dog bite. Recognizing them can help a Colfax victim avoid costly mistakes.
Myth: The Insurance Adjuster Is There to Help You
The insurance adjuster works for the dog owner and the insurance company, not for the injured party. The adjuster has no duty to protect a victim's rights or explain what the law actually says. Being reasonable with an adjuster does not guarantee the adjuster will be reasonable in return. Adjusters are trained to pay as little as possible on a claim, and some intentionally frustrate victims in hopes that they will give up. If a Colfax resident chooses to handle a claim without an attorney, it is important not to lose their temper or make threats, even if the adjuster's offer seems unreasonably low. Showing frustration will never convince an insurance company to offer more money. Instead, it may simply confirm to the adjuster that the victim is an easy target to wear down.
Myth: You Have to Give a Recorded Statement
Insurance adjusters often ask victims to provide a recorded statement, sometimes claiming the claim cannot move forward without one. While this may be true for a claim against a person's own insurer, such as a property damage claim, a Colfax dog bite victim is not legally required to give a recorded statement to the other party's adjuster. Adjusters want recorded statements so they can ask questions before a victim is prepared to answer them. A simple, honest answer to a question the victim does not fully understand can create major problems for a case, since credibility matters greatly in a dog bite claim. In most situations, giving a recorded statement to the other side's insurance adjuster does more harm than good.
Myth: Any Attorney Who Advertises Personal Injury Work Is Qualified
Any Iowa attorney can advertise that they handle personal injury cases, even if they have never actually handled one. Iowa's personal injury laws are complex, and a Colfax victim deserves representation from someone with real knowledge and experience in dog bite claims specifically. When searching for an attorney, look at what past clients have said about their experience, not just a vague promise of confidentiality. A track record of client satisfaction is a much better indicator of qualification than a simple advertisement.
Understanding Dog Bite Infections
About one in five dog bites requires medical attention, and approximately 15 to 20 percent of dog bite wounds become infected. Colfax residents who have been bitten, or whose children have been bitten, should understand the infection risks involved and the symptoms to watch for so they can seek prompt treatment.
Common Pathogens Found in Dog Bites
A dog bite infection depends on several factors working together, and many infections involve multiple organisms from the dog's saliva, the victim's skin, and the surrounding environment. One of the most common pathogens found in dog bites is Capnocytophaga, a germ naturally present in up to 41 percent of dogs' saliva. The rabies virus is also a serious concern, since dogs are responsible for transmitting rabies to humans in the vast majority of cases worldwide, and the infection is often fatal. Other infections linked to dog bites include Pasteurella multocida, Pasteurella canis, and various Staphylococcus and Streptococcus species. Because of these risks, anyone bitten by a dog in Colfax should see a doctor promptly, regardless of how minor the wound may appear.
Risk Factors for Infection
Certain victims face a higher risk of infection than others. Older adults, children, and those with weakened immune systems are especially vulnerable. The severity of the wound also matters, since deeper and more open wounds carry a greater risk of infection. Additional risk factors include:
- The presence of a chronic disease, such as cancer, heart disease, or a prior splenectomy
- Unknown status of the dog's immunization records
- A susceptibility to edema, meaning a tendency to swell and retain water easily
- Alcohol consumption
- Poor wound care
Symptoms That Signal a Problem
Colfax residents who have been bitten should watch closely for signs of infection and contact a physician right away, or seek emergency care, if they notice any of the following:
- Swelling or redness around the wound
- The area becoming very warm to the touch
- Yellow or white discharge accumulating at the site
- Fever or chills
- Swollen lymph nodes
- Red streaks around the wound
- Achy muscles
- Headaches
Iowa is a strict liability state. If a dog bites a Colfax resident who was not doing anything unlawful at the time, the dog owner is liable for the resulting injuries. Iowa does not follow a "first bite" rule requiring a victim to prove the dog was previously dangerous. Dog owners are responsible for the actions of their dogs under nearly every circumstance.
Filing a Dog Bite Claim in Colfax
If a Colfax resident or their child suffered a dog bite attack, they may be eligible to file a claim to recover damages, depending on the circumstances of the incident. If the case can be substantiated, a victim might be able to receive compensation for needs that include:
- Medical bills
- Lost wages
- Pain and suffering
- Scarring and disfigurement
- Attack related emotional disorders
- Mental anguish
Proving that a dog owner is responsible for these losses can be challenging, but it is accomplishable with the help of an attorney experienced in Iowa dog bite law.
Practical Tips for Preventing a Dog Bite in Colfax
Whether visiting a friend, walking through a Colfax neighborhood, or training a dog at home, knowing practical tips for preventing a dog bite can keep an entire family safer around canines.
Pay Attention to a Dog's Body Language
Learning general dog body language can help a Colfax resident identify when a dog may be dangerous. The Humane Society has identified signs of general dog discomfort, including:
- A tensed body
- A stiff, high tail
- Flattened ears
- Bared teeth
- Backing away
- Intense staring
- A furrowed brow
Noticing any of these signals is a strong indicator that a dog is not comfortable in that moment.
Never Invite Aggression by Staring
If a dog stares at you, it is often a sign the dog feels threatened. Maintaining eye contact can be interpreted by the dog as a challenge. Diverting your eyes instead is a sign of submission, which can help a dog feel less threatened and less likely to attack.
Teach Kids How to Approach Dogs
Preventing a dog bite goes beyond knowing how to approach dogs as an adult. Colfax parents should teach children that most dogs, even trusted family pets, do not like the following:
- Having their ears pulled
- Hugs and kisses
- Teasing
- Being disturbed while eating, playing with a toy, or sleeping
Instead, dogs generally prefer being allowed to smell a person first, being approached at their own pace, and having their necks and chests scratched.
Avoid Teasing or Aggressive Games
Even non-aggressive dogs can bite accidentally when they are teased or engaged in rough games. Dangling a toy above a dog's face, wrestling, or playing tug of war intensively may lead to a bite. Dogs should be respected, and teasing or aggressive play can encourage a violent reaction.
Give a Dog Its Space
Most dogs feel threatened or territorial when someone enters their space. If a Colfax resident encounters a dog that is on its own turf, such as in its yard, bed, or house, keeping a distance is the safest choice. Even friendly dogs are known to act aggressively when defending their territory, growling, barking, or nipping to keep others away.
Keep Dogs Leashed
To prevent a personal dog from biting someone else, it should be kept leashed unless it wears an off-leash tag issued by the local municipality or county. This simple step reduces the chance of an unexpected encounter turning into an attack.
Get Dogs Spayed and Neutered
Spaying or neutering a dog helps reduce aggression, decreasing the risk of a bite or attack. A veterinarian can provide guidance on the appropriate age for this procedure.
When to Contact Colfax 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.