Cresco Dog Bite Injury Attorneys

Iowa's Dog Bite Laws: Two Theories of Liability Every Victim Should Understand

When someone is bitten by a dog in Iowa, there are two distinct legal theories under which a victim can pursue compensation from the dog's owner. Understanding the difference between these theories matters significantly because each one opens different categories of recoverable damages and places different burdens of proof on the person filing the claim.

Strict Liability Under Iowa Code 351.28

Iowa primarily operates under a strict liability standard for dog bite claims. Iowa Code Section 351.28 states that the owner of a dog shall be liable to an injured party for all damages done by the dog when the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act directly contributing to the injury.

What this means in practical terms is that an owner is held legally responsible for injuries caused by a dog bite regardless of the animal's breed, regardless of whether the dog has ever bitten anyone before, and regardless of whether the owner had any warning that the dog might attack. The victim does not need to prove that the owner was careless or negligent. The owner's responsibility arises automatically from the fact of ownership, with one important exception: when the bite victim was engaged in unlawful conduct at the time of the attack.

Negligence-Based Liability and When It Applies

Under strict liability alone, a dog owner is typically responsible only for the medical expenses directly related to the injury. However, Iowa bite victims also have the right to pursue a personal injury lawsuit grounded in negligence, which opens the door to a broader range of damages including lost wages and compensation for pain and suffering.

A negligence claim requires the victim to prove that the owner failed to exercise reasonable care. One clear example of negligence is failing to restrain a dog that has a documented history of aggression or violence. Another is choosing to harbor a dog that has already been declared dangerous or vicious by local authorities. When the owner knew or should have known that the dog posed a risk and failed to act accordingly, the case for negligence becomes much stronger.

How a Dog's Breed Can Affect Your Iowa Claim

Iowa does not have a statewide breed-specific law, but that does not mean breed is irrelevant to a dog bite claim. Local city ordinances throughout Iowa have enacted their own rules restricting or outright banning certain breeds, and those ordinances directly affect how a negligence argument is built.

Harboring a dog that is classified as restricted or dangerous under a local ordinance, and then having that dog bite someone, can serve as strong evidence of negligence. The owner's choice to keep a legally restricted animal in the community without adequate safeguards is exactly the kind of failure to exercise reasonable care that a negligence claim is built upon.

Iowa communities have taken varying approaches to breed-specific regulation. In Cherokee, for example, restrictions have been placed on the following breeds:

• Pit Bulls
• Akitas
• Rottweilers
• Doberman pinschers

Communities across Iowa have also implemented special rules and requirements for dogs classified as vicious, which can include mandatory containment, muzzling requirements, and posting of warning signs. When an owner ignores these requirements and someone is bitten as a result, that disregard for local law strengthens the negligence argument considerably.

A qualified Cresco dog bite attorney can review applicable local ordinances and help determine whether a negligence theory, in addition to or instead of a strict liability claim, is the right approach for your particular situation.

Trespassing and Its Effect on Dog Owner Liability

One of the most common defenses raised by dog owners and their insurance companies following a bite is the claim that the victim was trespassing. Because Iowa's strict liability law specifically excludes injuries caused during unlawful conduct, and because trespassing is an unlawful act, this defense can have a significant impact on a claim. However, what actually constitutes trespassing under Iowa law is far from simple, and many situations that might seem like trespassing on the surface are not legally treated as such.

What Iowa Law Says About Trespassing

Under Iowa law, trespassing occurs either when someone enters property without justification after receiving notice not to enter, or when a person enters without the owner's permission. Notice can come in many forms, including locked gates, fencing that physically prevents entry, or posted signs explicitly discouraging visitors.

However, unless property is secured in one of these ways, there may be an implied invitation for members of the general public to enter for common, ordinary purposes. A person knocking on a door to ask for directions, a delivery person approaching the front door, or a neighbor stopping by to return an item may all be considered to have an implied right to be on the property. A dog attack against someone in these circumstances, even on the owner's property, can still give rise to a valid claim.

Iowa Code Section 716.7(3) also provides that the general public has the legal right to retrieve personal property that has ended up on someone else's land, so long as they do not linger and take the most direct route to the lost item. For example, a child who enters a neighbor's yard to retrieve a ball that rolled onto the property is exercising a legal right, not trespassing. A dog attack in that scenario would not be shielded by the trespassing defense.

When Dog Owners Are Not Liable for a Bite

The trespassing defense is not the only circumstance in which a dog owner may avoid liability. If a bite victim assaulted, struck, or otherwise harmed the dog owner in some way, a claim against the owner cannot proceed. Assaults can include threats and other intimidating behavior, not just physical strikes. Situations involving robbery or other conduct that provokes or excites a dog into attacking also may not support a claim against the owner. The key question in every case is whether the victim's own conduct contributed to the incident in a legally meaningful way.

Because these cases turn heavily on the specific facts and circumstances surrounding the attack, it is always advisable to discuss the details with an attorney before drawing conclusions about whether a claim can succeed. Two incidents that look similar on the surface can produce very different legal outcomes depending on what actually occurred.

When a Child Is the Victim: Understanding the Full Scope of Harm

Children are the most frequent victims of dog bites in the United States. According to the Centers for Disease Control and Prevention, close to 4.5 million dog bites occur in the United States every day, and approximately half of them involve children. The age group that suffers the most dog bites is children between five and nine years old.

A dog bite is a frightening experience for any adult. For a child, the trauma is multiplied considerably because the animal is often comparable in size to the child, making the attack far more physically overwhelming. The months and in some cases years following a dog bite on a child are often marked by physical damage, emotional upheaval, and lasting psychological effects that require ongoing professional care.

Physical Injuries Children Commonly Suffer in Dog Attacks

Children's skin is more vulnerable than adult skin, and their smaller frames make them more susceptible to serious harm from a dog attack. Children are also more likely to suffer broken bones as a result of a dog bite attack. Common physical injuries to children include:

• Ripped scalp
• Torn ears
• Injuries to the mouth and jaw
• Eye injuries

Even injuries that appear to have healed on the surface can leave behind long-term damage. A severed facial nerve, for example, can result in weak facial muscles that produce a drooping appearance or interfere with normal facial expressions. Scarring is another serious long-term consequence. Dog bites can inflict deep wounds that penetrate not just the upper layer of skin but into the flesh and bone beneath it. When those wounds close, the resulting scars are often raised, discolored, and disfiguring. Reconstructive surgery can improve the appearance to some degree, but some degree of scarring may remain after multiple procedures. In cases involving injury to the facial bones or skin during childhood, disfigurement can worsen over time as the child continues to develop and grow, causing a loss of facial symmetry that was not apparent immediately after the attack.

The Emotional Consequences of a Dog Bite on a Child

Research reported by the American Academy of Child and Adolescent Psychology has documented a wide range of long-term emotional reactions that children commonly experience following a dog attack. These are not temporary reactions that resolve quickly. In many cases, they continue to affect the child's development, school performance, and social functioning for years. Documented emotional responses include:

Post-Traumatic Stress Disorder Following a Dog Attack

One of the most serious risks following a child dog bite is the development of post-traumatic stress disorder. PTSD does not always emerge immediately after the attack. Symptoms may not appear until weeks or months later, which is why parents and caregivers need to remain attentive to behavioral and emotional changes over an extended period following the incident. PTSD symptoms in children can include:

• Jumpiness and heightened startle response
• Frequent bouts of crying
• Ongoing anxiety
• Poor school performance
• Loss of interest in activities the child previously enjoyed
• Difficulty concentrating
• Recurring nightmares

The combined physical, emotional, and psychological impact of a dog bite can affect a child's self-esteem, confidence, and developmental trajectory for years. Parents may observe effects on the child's ability to participate in school activities, maintain friendships, and engage in normal social interactions long after the visible wounds have healed.

Damages That Can Be Claimed in a Child Dog Bite Case

Because the consequences of a dog bite on a child extend so far beyond the initial medical visit, the damages claimed in a Cresco dog bite case involving a child must reflect the full scope of that harm. Compensable damages can include:

• Emergency room costs and ambulance fees
• Long-term care costs, including home schooling when PTSD prevents normal school attendance
• Psychological counseling and ongoing mental health treatment
• Follow-up surgeries, including reconstructive procedures
• Lost wages for parents who must reduce work hours to care for the child
• Pain and suffering, both physical and emotional

Filing a comprehensive claim that accounts for all of these categories requires working with an attorney who understands both the legal framework for Iowa dog bite liability and the full medical and psychological picture of what recovery from a serious dog attack actually looks like. For additional information on your rights following a dog bite, the firm offers a free resource, the Iowa Consumer's Guide to Dog Bites, Attacks and Injuries, which covers your rights and responsibilities in detail.

When to Contact Cresco 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.

More Info on Cresco Attorneys