Guthrie Center Dog Bite Injury Attorneys

A dog attack near Guthrie Center can happen anywhere, whether at a dog park, on a sidewalk, or at a neighbor's home. Understanding who is liable, how the insurance company is likely to handle the claim, and whether the dog's breed makes any difference can help victims protect their rights before speaking to an adjuster. The Guthrie Center dog bite attorneys at Walker, Billingsley & Bair want local residents to understand all three.

Dog Bite at a Dog Park: How Negligence Determines Liability

One of the benefits of a dog park is that it is usually optional whether to keep the dog on a leash. This means that even if the city has a leash law, it would not apply in the event of an attack at the park where the owner is allowed to let the dog off the leash. But that does not mean if the dog bites someone, no one is liable. In general, the same rights a person has outside a dog park apply in the park as well, meaning a dog owner is liable for injuries and damages his or her dog causes to others with limited exceptions.

Owner Liability at a Dog Park

While negligence might play a role in some dog bite cases at a dog park, such as an owner knowingly allowing a dangerous dog loose, Iowa's dog bite laws state that the dog owner is strictly liable for his or her dog's actions that cause injuries. So even if the dog owner was completely responsible and the dog bit someone anyway, the dog owner is still liable for damages. However, if the dog has rabies and bites another person, the dog owner is not liable for damages unless the owner knew the dog had rabies and could have prevented the attack.

Park Liability at a Dog Park

Sometimes the owner of the park is also negligent and liable for injuries. This might be the case if the park owner is aware that a dog owner constantly breaks the rules and brings an unsafe dog to the park but fails to address it. This can be a very complex scenario, and in most cases it is the dog owner alone who is liable, so victims who believe the park might be liable should speak with an attorney. If the park near Guthrie Center is privately owned, it may be easier to file a claim as opposed to a park owned by a local government, which might be immune from liability in some cases or may require the claimant meet certain criteria to file the claim.

What Insurers Don't Want You to Know

Insurance companies are some of the richest and most powerful corporations in the country, and each year they work to reduce the rights and compensation available to injured Iowans. What they don't control are the judges and juries who ultimately decide compensation. Here are five things insurance companies do not want Guthrie Center dog bite victims to know.

They Are Legally Allowed to Lie and Cheat You

There is no law requiring the other side's insurance company to tell you the truth or act in your best interests. An adjuster may act friendly to build trust, but their job is to pay you as little as possible, and some are even rewarded for keeping payouts low.

You Do Not Have to Give a Recorded Statement

An adjuster may claim they need a recorded statement to evaluate your claim, but you have no legal obligation to give the other side's insurer one. The real reason they want it is to ask questions in a way that lets them use your answers against you later.

Their "Final Offer" Is Usually Not Their Best Offer, and They Will Try to Frustrate You

Insurance companies often describe an offer as final when it is not, and there is very little to lose by proposing a different number. Some adjusters also use a low initial offer specifically because they know it can frustrate a claimant, and a certain percentage of people will accept a low-ball offer just to stop dealing with the adjuster.

They Will Not Pay Your Medical Bills as You Incur Them

An adjuster may tell you to send your medical bills, but that does not mean they will pay them as they arrive. It is usually best to have your bills paid through your own health insurance or medical payments coverage rather than waiting on the at-fault party's insurer.

Will the Dog's Breed Affect Your Claim?

There are two theories of liability for pursuing damages for a dog bite in Iowa: the theory of strict liability, and a negligence-based theory of responsibility. Here is a look at both, specifically in regard to how a dog's breed may affect a claim.

Iowa's Strict Liability Dog Bite Law

Under Iowa's strict liability dog bite law, found under Iowa Code section 351.28, the owner of a dog is always held responsible for injuries caused by a dog bite, regardless of the dog's breed or history of dangerous behavior. The exception to this rule is if the dog bite victim was doing something illegal at the time of the attack.

Iowa's Negligence-Based Liability

Under strict liability, a dog owner is only liable for medical expenses specifically related to the injury. However, a dog bite victim also has the right to pursue a personal injury lawsuit against the dog owner if they can prove negligence, such as failing to restrain a dog with a known history of aggression or violence, or harboring a dog declared dangerous or vicious. While there is no single statewide law on the subject, some Iowa cities have banned, restricted, or labeled certain dog breeds as dangerous or vicious, and there are special rules and requirements that apply to dogs declared vicious. If a Guthrie Center resident is harboring a dog that is illegal, restricted, or considered dangerous, and that dog bites someone, the victim may be able to prove negligence in a civil suit, where damages for medical expenses, lost wages, and pain and suffering are all recoverable under Iowa law.