Greenfield Dog Bite Injury Attorneys

A dog bite can happen in an instant, but the physical, emotional, and financial toll it leaves behind can last for years. Whether the attack happened while walking through a Greenfield neighborhood, visiting a friend's home, or simply passing by a yard, victims are often left wondering what their legal options are and whether the dog owner can be held responsible. In Iowa, the law is generally on the side of the victim, but building a strong claim still requires an understanding of the evidence needed, how a dog's breed may factor into a case, and what compensation may be available for lasting injuries like scarring or disfigurement.

Below, we break down what Greenfield dog bite victims should know about pursuing a claim, including the type of proof required, how Iowa's strict liability law works, and what damages may be recoverable for permanent scarring or disfigurement. If you or a loved one has been bitten by a dog in Greenfield, an Iowa dog bite attorney at Walker, Billingsley & Bair can help you understand your legal options.

Do I Need Evidence for a Greenfield Dog Bite Claim?

Iowa imposes a strict liability statute when it comes to dog bites. This means that, in most cases, the owner of a dog is liable for all damages caused by their animal, regardless of whether the owner knew the dog had a tendency to bite. The one major exception applies if the victim was engaged in an illegal act at the time of the attack.

Because Iowa follows strict liability, a Greenfield dog bite victim does not need to prove that the owner was negligent in order to recover damages under the statute. However, evidence is still required, and additional proof can strengthen a claim considerably, particularly if the victim wants to pursue damages under case law rather than the statute alone.

Evidence Necessary Under Statutory Law

If a Greenfield victim is pursuing a claim under Iowa's statutory law, the evidence required is fairly straightforward. Generally, the victim needs to establish:

• That the dog in question was the dog that caused the bite
• That the victim suffered injuries as a result of the bite or attack
• That the victim was not doing anything illegal at the time of the bite or attack

Beyond these three elements, there is relatively little else a victim needs to prove to pursue compensation under the statute.

Evidence Necessary Under Case Law

To recover damages under common law, or case law, a Greenfield victim will need to establish that the dog owner was negligent. If negligence can be proven, a victim may be able to recover a greater amount of damages, including compensation for pain and suffering.

Courts generally consider a dog owner negligent when the owner knew the dog was dangerous but failed to restrain it. For example, if a dog had a history of aggression, or if the owner had reason to know the dog posed a danger, and the owner still failed to control the animal, this may be considered negligent behavior.

To recover damages under case law, a Greenfield victim generally needs to prove:

• That the owner knew or should have known of the dog's dangerous nature
• That the owner failed to take action to prevent the bite or attack
• That the dangerous dog bit or attacked the victim
• That the victim suffered injuries as a result of the bite or attack

If these elements can be established, a victim may be eligible to recover damages for the full extent of the injuries suffered.

Will the Dog's Breed Affect My Greenfield Claim?

There are two main theories of liability for pursuing damages after a dog bite in Iowa: strict liability and negligence-based liability. Understanding how each applies can help Greenfield victims determine what type of claim may fit their situation.

Iowa's Strict Liability Dog Bite Law

Iowa primarily imposes a strict liability dog bite law under Iowa Code 351.28, which states that the owner of a dog is liable to an injured party for all damages done by the dog. Under this law, a dog owner is held responsible for injuries caused by a bite regardless of the dog's breed or any prior history of dangerous behavior. The only exception applies if the victim was committing an illegal act at the time of the attack.

Iowa's Negligence-Based Liability

Under strict liability alone, a dog owner is generally only responsible for medical expenses directly related to the injury. However, a Greenfield victim also has the right to pursue a personal injury lawsuit against a dog owner if negligence can be proven. One example of negligence is failing to restrain a dog with a known history of aggression or violence. A victim may also argue that it was negligent for an owner to harbor a dog that had been declared dangerous or vicious.

While there is no single statewide law addressing specific dog breeds, various Iowa cities have adopted their own ordinances banning, restricting, or labeling certain breeds as dangerous or vicious. As such, if a Greenfield resident is harboring a dog that is illegal, restricted, or otherwise considered dangerous or vicious under local rules, and that dog causes a bite, the victim may be able to establish negligence in a civil suit. In a negligence-based case, damages for medical expenses, lost wages, and pain and suffering may all be recoverable. Our firm's overview of special rules and requirements for vicious dogs offers more detail on how these local ordinances can come into play.

Seeking Compensation for Permanent Disfigurement from a Dog Bite

Not every dog bite leaves a minor mark. Some injuries puncture or tear the skin so severely that they cause lasting disfigurement. The scarring left behind by a serious dog attack can leave the skin raised, jagged, or otherwise altered in appearance, and for many Greenfield victims, this kind of injury affects far more than just their physical health.

A Closer Look at Disfiguring Dog Bite Injuries

Visible wounds, such as those on the face, neck, arms, and hands, are generally sutured to help reduce scarring. Other wounds that are less visible or less severe may be left to heal naturally. When damage to the skin is significant, skin grafting may be required, in which skin from another part of the body is used to repair the injured area.

Orthopedic surgery to repair broken bones may also be necessary in some cases involving disfigurement caused by a dog bite or attack. Depending on the nature and severity of the injuries, reconstructive surgery or cosmetic and plastic surgery may also be required. In addition to these physical concerns, infection is a common concern for dog bite victims, and vaccinations or other treatments may be administered as a precaution following an attack.

Damages from a Permanently Disfiguring Injury

Greenfield victims who suffer disfigurement from a dog bite may be able to recover two types of damages: economic and noneconomic.

Economic damages relate to the medical care and treatment the victim received, along with other financial expenses and losses. This includes not only current medical bills, but also future expenses if additional procedures, such as cosmetic surgery, will be necessary. Economic damages can also include the income a victim loses while recovering, whether that means missed time immediately after the attack or future time off work needed for ongoing treatment. Many dog bite victims also find that the emotional trauma from the attack is significant enough to require counseling or other psychological care, and these costs may be included as economic damages as well.

Noneconomic damages address the broader consequences and losses experienced as a result of a disfiguring dog bite injury. Compensation may be available in cases of severe or permanent disfigurement that causes emotional harm. This can include pain and suffering, mental anguish, or a diminished quality of life resulting from embarrassment over visible scarring and difficulty navigating social situations because of the disfigurement.

No matter a victim's age, the effects of a disfiguring dog bite can be significant, impacting daily life socially and even professionally for those who interact with the public as part of their job. Greenfield residents dealing with the aftermath of a serious dog attack deserve to understand the full scope of compensation that may be available to them.