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- Johnston Dog Bite Injury Attorneys
- Phone: 641-792-3595
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Iowa Dog Bite Law: What Statute 351.28 Means for Victims
The state of Iowa has a statute that imposes direct liability for injuries or damages caused by an owner's dog. Under Iowa Statute 351.28, the owner of a dog who causes injury to a person will be liable for all damages related to the incident. This means that in most cases, liability for a dog bite rests squarely with the owner, and victims do not need to prove that the owner knew the dog was dangerous beforehand.
"The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or 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." -- Iowa Code Section 351.28
Importantly, damages under Iowa's dog bite law can extend well beyond the bite wounds themselves. For example, if a person is attempting to escape a dog attack and runs into the street and is struck by a car, that victim may make a claim for the additional injuries under Iowa dog bite law. Similarly, if a person was riding a bicycle and a dog began chasing and attempting to bite, and that person was thrown from the bike and injured, the victim could pursue a liability claim for those injuries as well. The reach of Iowa's dog bite statute is broader than many people realize, and a Johnston dog bite attorney can help victims understand all of the damages they are entitled to pursue.
Rabies and the Danger of Dog Bites from Unknown or Stray Animals
Rabies is a deadly virus that can spread to humans through the saliva of infected animals. If an animal that bit you was acting unwell before or during the attack, you should contact your local animal control immediately to investigate. Symptoms that may indicate rabies in a dog include aggression, biting behavior, a dazed look and confused behavior, refusing water, and foaming at the mouth. Prompt medical attention after any bite from an animal whose vaccination history is unknown is critical for both your health and your legal claim.
Your Right to Use Force in Defense Against a Dog Attack in Iowa
When a dog poses an immediate threat to a person's physical safety, Iowa law allows the use of harmful force as a protective measure. The use of such force is permissible when acting in defense of yourself or another person who is facing an immediate threat of attack. However, the law draws clear lines around when that right applies and when it does not. Understanding those boundaries matters both for your own protection and for how it may affect a resulting injury claim.
When Defensive Force Is Appropriate
Individuals may use force to protect themselves or another person from a dog if the dog is showing actions that lead a reasonable person to believe it is about to attack. The amount of force used should be appropriate to the degree of threat the dog is presenting. If a dog is actively attacking a victim, lethal force could be considered appropriate under the circumstances. The person who uses force must also be able to demonstrate that the actions taken were the only options reasonably available to prevent harm or further harm from occurring.
When Defensive Force Is Inappropriate
Attacking a dog simply because it is barking or growling is generally not considered appropriate, especially if the dog is restrained or confined. If a dog is growling and snapping but is still leashed or behind a fence and unable to realistically reach or harm a person, the use of a firearm against that dog may be deemed an excessive and inappropriate response.
If a dog has already attacked a victim and is now fleeing the area and no longer presenting a threat, an argument can be made that harmful force would no longer be appropriate since the dog is no longer endangering anyone's safety. Additionally, using force out of revenge for a prior incident is not permitted under Iowa law. If a neighbor's dog previously bit you, you are not allowed to return and harm that dog in retaliation. The correct course of action is to report the incident to police or animal control and allow authorities to assess the situation and take appropriate action.
When Force Creates Legal Complexity in Your Claim
Cases involving dog bite injuries can become significantly more complicated when harmful force was used by the victim during or after the attack. In these situations, the dog owner may press criminal charges against the individual who harmed the dog, creating both a civil and a criminal legal matter to address simultaneously. If you used force to protect yourself or someone else during a dog attack, it is especially important to work with an experienced attorney who understands the challenges that can arise in Iowa dog bite claims.
Ten Preventable Medical Mistakes That Can Ruin a Johnston Dog Bite Claim
Being attacked by a dog is a frightening and often disorienting experience. When injuries result from such an attack, the way a victim interacts with their medical providers in the days and weeks that follow will have a major impact on the outcome of their legal case. Here are the ten most common and entirely avoidable mistakes that Iowa dog bite victims make when dealing with doctors after an attack.
1. Failing to Seek Immediate Medical Attention
The victim is always responsible for proving that they were injured. Insurance companies and juries often operate on the assumption that if you were not hurt badly enough to seek immediate medical care, you are not hurt badly enough to deserve significant compensation. Do not ignore signs of pain, even minor ones. See a doctor as soon as possible, because minor injuries can worsen over time. The last thing you want is for an insurance company attorney to tell a jury that you did not see a doctor for two weeks after being bitten.
2. Not Disclosing Your Full Medical History
A health care provider will typically ask whether you had any prior injury or illness in the area affected by the bite. Providing incomplete information affects the quality of care you receive and will damage your legal case. All of your prior medical records will eventually be available to the insurance company and their attorneys. If you gave your doctors incomplete information, their medical opinions could be rejected by the insurance company and jury on the grounds that they were based on an incomplete picture. Tell the truth, and be accurate when describing how the attack occurred.
3. Failing to Get Your Pain Accurately Documented in Medical Records
Insurance companies and juries will not simply accept your word that you are in pain. They need to read about it in your medical records. Reviewers will look for how soon you reported pain after the injury, how long you continued to report it, and how severe it was. Writing out your pain and limitations beforehand and giving that summary to your doctor at each visit is an effective way to ensure that nothing important is omitted from a busy provider's notes. Do not exaggerate. Doctors are trained to identify inconsistencies, and an inflated pain claim can result in damaging notes in your record. On pain scale questions, remember that a "10" represents the worst imaginable pain, and most people have never experienced pain beyond a 7 or 8 in their lifetime. Answer honestly and consistently.
4. Missing or Arriving Late to Medical Appointments
When you skip a medical appointment, your record simply notes "DNS" or "No show." Valid explanations rarely make their way into the record. Multiple missed appointments can make it appear that you were not committed to getting better, and they can also frustrate your treating providers. Doctors who are irritated with a patient are not strong advocates for that patient when their opinions matter most. If you need to cancel, call well in advance and reschedule promptly.
5. Failing to Tell Your Doctor How the Injury Affects Your Ability to Work
Insurance companies and juries require proof that your injury is affecting your ability to perform your job. If bite wounds or related injuries are limiting your work capacity in any way, that information must be communicated to your health care provider and documented in your medical records. Work limitations may also be treatable, which is another reason they should be discussed with your doctor directly. Bring written notes to appointments to make sure nothing important is left out.
6. Not Taking Prescribed Medications as Directed
There is a specific reason why doctors prescribe a particular medication for a particular duration. Follow your doctor's recommendations until told otherwise. If you believe a medication is causing side effects, say so at your next visit, as doctors can often switch you to a different drug. Do not put yourself in the position of admitting at a deposition that you chose to disregard your doctor's medical advice. This can be devastating to the value of your claim.
7. Stopping Medical Treatment Too Soon
Insurance companies and juries tend to believe that when a person stops seeking treatment, their injury has healed. Significant gaps between appointments also suggest to a reviewing party that you recovered from the original injury and any new symptoms must be from a separate and unrelated cause. If you are still suffering and your doctor says to "come back as needed," ask specifically how long you should wait to follow up if symptoms persist. Do not allow treatment gaps to create the appearance of recovery when recovery has not occurred.
8. Discussing Your Lawsuit or Legal Case With Your Doctor
A doctor's job is to diagnose and treat your injuries, not to navigate your legal matter. Sharing details about your lawsuit or your attorney with a medical provider is unnecessary and can create problems. Some doctors become reluctant to provide treatment or offer strong opinions when they learn their patient is involved in litigation. However, you must tell your doctor factually how you were injured. And if a doctor directly asks whether you have an attorney, you must answer honestly. Nothing you say to your medical providers is confidential once you bring a personal injury claim.
9. Failing to Follow Treatment Recommendations for Depression or Anxiety
Pain, disfigurement, and the psychological trauma of a dog attack frequently trigger depression and anxiety. These psychological conditions are just as real as physical injuries and cannot be overcome without appropriate treatment. A person who causes another person physical harm is also legally responsible for resulting psychological conditions. Insurance companies and juries, however, will typically only compensate for injury-related depression and anxiety when those conditions have been properly diagnosed and treated by qualified medical professionals. Do not neglect your psychological recovery.
10. Failing to Keep a File of All Medical Documents
Your attorney needs to know about every medical care provider you see after the attack. It is equally important that you personally keep track of all doctor orders, treatment referrals, work excuses, work restrictions, and any documents provided by health care providers or insurance companies. Maintaining a complete file ensures that all necessary information can be provided to your attorney at the appropriate time and that nothing valuable to your case is lost or forgotten.
Before speaking with the dog owner's insurance company or signing any documents, dog bite victims in Johnston should speak with a qualified attorney. Iowans who made mistakes before knowing their rights have lost thousands of dollars as a result. You can also request a free copy of the Iowa Consumer's Guide to Dog Bites: 5 Insider's Secrets to Not Get Bitten by Your Claim, available at no cost or risk, which covers six things to know before talking to an insurance adjuster and much more.
Bitten by a Dog in Johnston? Get a Free Consultation Today
Whether your attack happened recently or weeks ago, the attorneys at Walker, Billingsley and Bair are ready to evaluate your case, explain your rights under Iowa dog bite law, and help you pursue the full compensation you deserve. Consultations are always free, and you pay nothing unless your case is won.
Call 641-792-3595 anytime, 24 hours a day, 7 days a week. An in-house Spanish translator is available. You can also contact the firm online to get started today. Not ready to call? Request your free copy of the Iowa Dog Bite Book and learn your rights before taking any action.