Attorneys
- Evansdale Dog Bite Injury Attorneys
- Phone: 641-792-3595
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While the idea of dogs being man's best friend sounds nice, the reality is that a dog can turn on a human at any time. This can lead to severe, even life-threatening injuries. When you or a loved one has been injured in an animal attack in Evansdale, getting a thorough understanding of Iowa's dog bite laws, and the factors that can influence your claim, is essential. An experienced Evansdale dog bite attorney can provide you with the most current information on Iowa's statutes and help you pursue the compensation you deserve.
An Overview of Iowa Dog Bite Law
Iowa has a strict liability statute that imposes responsibility on dog owners for injuries or damages caused by their animals. In most cases, liability for a dog bite or attack will rest with the dog's owner. Because each situation is unique, it is always best to consult directly with a qualified Iowa dog bite lawyer before drawing conclusions about your specific circumstances.
According to Iowa Code Section 351.28, the owner of a dog that causes injury to a person will be liable for all damages related to the incident. This applies when the dog is attacking or attempting to bite a person, except when the injured party is engaged in an unlawful act that directly contributed to the injury.
It is important to understand that damages under Iowa's dog bite statute may extend beyond the direct injuries caused by the bite or attack itself. For example, if a person is attempting to escape a dog attack and runs into the street where they are then struck by a car, the victim may be able to make a claim for those additional injuries under Iowa dog bite law as well. Similarly, if a person is riding a bicycle and a dog chases and attempts to attack them, causing the rider to be thrown from the bike and injured, a liability claim may still be available under Iowa law. These examples illustrate that the reach of Iowa's dog bite statute is broader than many people realize.
Rabies and Stray Animals: What to Know
Rabies is a deadly virus that can spread to humans through the saliva of an infected animal. If an animal is acting unwell in the Evansdale area, you should keep your distance and contact your local animal control to investigate the situation. Knowing the warning signs of a potentially infected animal can protect you and your family.
Symptoms of rabies in animals include:
- Aggression and unprovoked biting
- A dazed look and confused behavior
- Refusing water
- Foaming at the mouth
After any dog attack, it is critical to collect information from the dog's owner, including the animal's rabies vaccination status. This information will be important both for your medical treatment and for any legal claim you may pursue.
How Trespassing Affects Dog Bite Liability in Iowa
One of the most commonly misunderstood aspects of Iowa dog bite law involves what happens when the bite victim was on the dog owner's property at the time of the attack. Because Iowa's dog bite statute specifically excludes liability when the injured party was engaged in an unlawful act that directly contributed to the injury, the question of whether someone was trespassing at the time of the attack can significantly affect a claim.
Trespassing is considered an unlawful act under Iowa law. If a bite victim was trespassing on the dog owner's property at the time of the attack, the property owner may not be held liable for the resulting injuries. However, what counts as trespassing involves many gray areas that an experienced Evansdale dog bite attorney is best equipped to evaluate.
What Counts as Trespassing Under Iowa Law?
Under Iowa law, trespassing occurs either when someone enters a property without justification after receiving notice not to enter, or when the person enters without the owner's permission. However, there are important nuances. Unless property is behind a locked gate or contains 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.
Additionally, per Iowa Code Section 716.7(3), the general public has the right to retrieve any personal property that enters someone else's property, as long as they do not linger and take a direct route to the lost item. For example, a child has a legal right to enter a neighbor's yard to retrieve a ball that rolled onto that property. If the child is attacked by a dog during that brief, lawful entry, the dog's owner may still be liable.
When Dog Owners May Not Be Liable
Even under Iowa's strict liability system, there are circumstances in which a dog owner may successfully argue they should not be held responsible. If a bite victim assaulted, struck, or threatened the dog owner, the owner may not be liable for injuries that resulted. Assaults can include yelling and other threatening behavior directed at the owner. Situations involving robbery or other conduct that naturally excites a dog and prompts it to bite may also limit or eliminate the owner's liability.
Because of the complexity and fact-specific nature of these cases, it is essential to understand how trespassing affects liability in dog attack injury cases and to discuss the specific details of your situation with an attorney as soon as possible.
Long-Term Physical Effects of Dog Bites
Dog attacks can have lasting effects on victims, both physically and mentally. It is crucial for anyone who has been bitten or attacked by a dog in Evansdale to understand the potential long-term consequences and to seek appropriate medical and legal guidance.
Some dog bites result in permanent physical disfigurement. Depending on the severity and location of the attack, injuries can include:
- Permanent scarring
- Paralysis or partial paralysis
- Mobility problems
- Amputation
Plastic or reconstructive surgery may be necessary to address serious wounds and disfigurement. However, certain conditions such as paralysis may be irreversible, requiring victims to cope with lifelong disabilities and the ongoing costs associated with long-term care.
Infections and Disease After a Dog Attack
While rare, dog bites can transmit infections and diseases. Rabies is the most widely known, and it can be deadly if left untreated. Other serious complications that can arise from a dog bite include:
- Sepsis, a life-threatening response to infection
- Loss of function in the affected area
- In the most severe cases, death
Prompt medical attention after any dog attack is critical, both to prevent and treat these complications and to create the medical documentation needed to support a legal claim. Deep dog bites often require stitches or staples to close wounds, and aftercare is essential for preventing further complications. This includes keeping the wound clean, following medication instructions, and receiving a tetanus shot if necessary.
Mental and Emotional Trauma After a Dog Attack
The physical injuries from a dog bite are often only part of the picture. Dog attacks can cause significant mental and emotional trauma, and this is particularly true for children. Psychological injuries are real, serious, and may require long-term treatment. Victims in Evansdale who have suffered emotional harm as a result of a dog attack have the same right to seek compensation for these injuries as they do for physical ones.
Symptoms of psychological trauma following a dog attack may include:
- Post-traumatic stress disorder (PTSD)
- Re-enacting or acting out the traumatic incident
- Persistent fear, stress, and anger
- Loneliness and increased aggression
- Self-harm or substance abuse in more severe cases
Children who are attacked by dogs may develop attachment disorders, while adults commonly experience PTSD symptoms that affect their daily life, work performance, and personal relationships. Counseling and therapy are essential components of addressing these psychological injuries, and the costs of that ongoing care may be included as part of a dog bite claim.
For a complete look at what victims may face after an attack, you can review the long-term effects and treatment for dog bites in Iowa at iowainjured.com.
Steps to Take After a Dog Attack in Evansdale
Taking the right steps immediately after a dog attack can protect your health and strengthen any legal claim you may have. If you or a loved one has been bitten or attacked by a dog in Evansdale, follow these steps:
- Seek medical attention immediately. Even if the wound appears minor, dog bites can introduce bacteria deep into tissue and require professional evaluation. Documentation of your injuries from the outset will also be critical to your legal case.
- Report the attack to local authorities. Filing a report with animal control or law enforcement creates an official record of the incident, which can be valuable evidence in a legal claim.
- Collect information from the dog owner. Obtain the owner's name, contact information, and the dog's rabies vaccination history if possible.
- Contact a personal injury attorney in Iowa for legal advice. An experienced attorney can evaluate the facts of your case, explain your rights under Iowa's dog bite statute, and guide you through the process of pursuing compensation.
What Compensation May Be Available to Evansdale Dog Bite Victims?
Victims of dog attacks in Evansdale may be entitled to compensation for a range of damages. Under Iowa's dog bite law, if you were not engaged in any unlawful conduct at the time of the attack, you may have a right to seek recovery for:
- Medical expenses, including emergency treatment, surgery, and ongoing care
- Future medical costs, such as reconstructive surgery or long-term therapy
- Lost wages due to time missed from work during recovery
- Pain and suffering caused by physical injuries
- Mental and emotional trauma, including treatment costs for PTSD and anxiety
- Permanent scarring or disfigurement
It is important to understand that the insurance company for the dog owner is not there to help you. Their goal is to minimize what they pay out on your claim. Before you speak with any insurance representative or sign any documents, you should first consult with a qualified Evansdale dog bite attorney who can help you understand the full value of your claim and avoid the costly mistakes that many victims make by trying to handle the process alone.
For a detailed overview of dog bite laws in Iowa and the full range of damages available to victims, visit the resource library at iowainjured.com.
Why You Need an Experienced Evansdale Dog Bite Attorney
There are many aspects of Iowa dog bite law that can be confusing, and the details of each case matter enormously. Whether the question involves whether your presence on a property counted as trespassing, whether the dog owner's behavior contributed to the attack, or how to properly document and value your physical and emotional injuries, having an experienced attorney on your side can make a significant difference in the outcome of your case.
Dog bite cases involve procedural and substantive legal considerations that can be difficult to navigate without professional guidance. An attorney who is experienced in Iowa dog bite law can investigate the facts, identify all potentially liable parties, handle communications with the insurance company, and fight for full and fair compensation on your behalf. If you or your child has sustained permanent injuries like scarring, or if you are experiencing psychological trauma such as fear of dogs, it is especially important to find an attorney with specific experience in this area of personal injury law.
For immediate assistance, you can also request a free copy of the Iowa Consumer's Guide to Dog Bites, which is available at no cost or obligation and covers the key things every dog bite victim needs to know before speaking with an insurance company.
When to Contact Evansdale 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.