La Porte City Dog Bite Injury Attorneys

Usually an injury from a dog attack is nothing more serious than some broken skin that is easily taken care of with a bit of antiseptic and a bandage. In extreme cases, however, a dog bite or attack near La Porte City can cause severe injuries. Deep lacerations, tendon damage, nerve damage, rabies, and even death can all result from a vicious dog attack. These injuries can lead to enormous medical bills, time away from work, and intense pain and suffering. If you are pursuing a dog bite claim after an attack near La Porte City, it is wise to prepare for challenges from the dog owner and to understand how the law applies to your situation.

What Does the Law Say About Liability?

The law in Iowa is very clear when it comes to the liability of dog owners. Under Iowa Code 351.28, the owner of a dog is liable to an injured party for all damages done by the dog when the dog is caught in the act of worrying, maiming, or killing a domestic animal, or when the dog is attacking or attempting to bite a person, except when the injured party was doing an unlawful act that directly contributed to the injury. In other words, unless a dog bite victim was doing something unlawful, the dog owner is liable for the injuries caused. This standard leads some dog owners to argue that the injured person was actually doing something unlawful at the time of the attack and that this conduct contributed to what happened.

Were You Trespassing on the Dog Owner's Property?

Many dog owners near La Porte City believe that if a victim was trespassing, they are automatically off the hook for their dog's actions, but this is not necessarily true. The law states that an owner may avoid liability only if the victim was doing something unlawful and that conduct contributed to the bite. For example, if someone hopped a fence and startled the dog, this could give the dog owner grounds to challenge liability. However, if the trespassing did not actually contribute to the injury, the dog owner may still be liable for the resulting damages.

Was the Dog Provoked?

Provocation is a common defense raised by dog owners, and in some cases, the dog genuinely may have been provoked. For example, a child might pull a dog's tail or chase the dog into a corner, which could allow the dog owner to successfully challenge liability in a claim. That said, people often disagree about what actually constitutes provoking a dog. A young child may provoke a dog without realizing it, or an adult may have simply been playing too roughly. Because these situations can be complicated, it helps to talk with an attorney about the specific details of your case.

Does the Dog Have Rabies?

Dog owners are generally not liable for a bite if the dog had rabies and the owner did not know, and could not reasonably have been expected to know, that the dog was infected. However, if it can be shown that the dog owner was negligent, such as by leaving a gate open or allowing a child access to a yard while a rabid dog was outside, the owner may still be held liable for the resulting injuries.

Avoiding Common Mistakes When Dealing With Doctors After an Injury

What you tell your doctor, and how you handle your medical treatment, can greatly affect a dog bite case. Many people fail to realize how important their interactions with medical providers are after an injury. Not reporting pain, or not explaining how an injury is affecting daily life and work, limits what is documented in the medical record and can affect a doctor's opinion of the injury.

Failing to See a Doctor Immediately

It is the injured person's responsibility to establish that the dog attack actually caused their injuries. If you have any pain or problems after a dog bite near La Porte City, seek medical care right away. Insurance companies and juries often assume that if someone did not seek immediate medical attention, their condition may not be related to the incident. Even a seemingly minor injury can develop into something more serious later, so it is best to see a doctor as soon as possible after an attack.

Talking With Medical Providers About Your Claim

The job of your medical providers is to focus on your injuries and provide treatment. They do not need to know the details of your legal claim or whether you have hired an attorney in order to treat you. If they ask, you should tell the truth, but concerns about your case or legal strategy should generally be kept separate from your medical visits. Anything you tell a medical provider becomes part of your medical record, which the insurance company, and potentially a judge or jury, may eventually see. That said, you do need to accurately explain how you were injured, including relevant details about the date and circumstances of the dog attack.

Being Honest About Your Health History

Doctors will typically ask whether you have had any prior injury to the same area of the body that is now causing problems. It is important to be honest and avoid hiding prior issues, since they will likely surface eventually through your medical records. Providing incomplete or inaccurate information can hurt both the quality of your care and the strength of your legal case. It is also important to be accurate when describing the attack itself, since exaggeration or inconsistency can be used to attack your credibility later.

Attending All Medical Appointments

Insurance companies, their attorneys, and potentially a judge or jury will review your medical records closely. When you miss an appointment, your record may show a "no show" or "DNS" notation, which can create the impression that you did not take your treatment seriously, even if you had a valid reason for missing it. If you need to cancel or reschedule, it is best to call at least 24 hours in advance whenever possible.

Documenting the Impact on Your Daily Life and Work

Your medical records are central to a dog bite injury claim. If there is no mention in your records of the ways an injury is affecting your ability to work or complete daily tasks, insurance companies and jurors are less likely to simply take your word for it later. If your injury is impacting your ability to work, make sure to tell your health care provider so it becomes part of the record.

Properly Documenting Pain

Pain cannot be seen or measured directly, but it must be documented by your medical providers. Insurance companies and juries will look closely at how quickly pain was reported after the attack, where it was located, how severe it was, and how long it lasted. Because appointments can move quickly, it can help to write out your symptoms beforehand so nothing is missed during the visit. It is also important not to exaggerate your pain, since doctors are trained to notice inconsistencies between what a patient reports and how they present in the office.

Following Medical Advice and Continuing Treatment

If a medication does not seem to be working or is causing unwanted side effects, contact your doctor rather than stopping treatment on your own. Likewise, stopping treatment too early, or allowing long gaps of a month or more between appointments, can be used to suggest that an injury has healed or that a new, undisclosed injury has occurred. If your doctor releases you but your symptoms return or persist, it is important to follow up rather than assume nothing more can be done.

Practical Tips for Preventing a Dog Bite

Whether you are visiting a friend or neighbor, walking through your La Porte City neighborhood, or training a dog at home, understanding a few practical tips can help prevent painful and potentially serious dog bite injuries.

Pay Attention to a Dog's Body Language

Learning to recognize general canine body language can help you identify when a dog may be feeling threatened or uncomfortable. According to the Humane Society, signs of discomfort in a dog can include a tensed body, a stiff and raised tail, flattened ears, bared teeth, backing away, intense staring, and a furrowed brow. If you notice this type of behavior, it is likely that the dog is not comfortable with the current interaction.

Avoid Inviting Aggression by Staring

If a dog stares at you, it may be a sign that the dog feels threatened. Making and holding eye contact can be interpreted by the dog as a challenge. Instead, it is better to divert your eyes, which is a sign of submission that can help the dog feel less threatened and less likely to act aggressively.

Teach Children How to Approach Dogs Safely

Preventing dog bites also means teaching children how to interact safely with dogs, even family pets that are generally trusted. Most dogs, regardless of how familiar they are, do not like having their ears pulled, being hugged or kissed, being teased, or being disturbed while eating, playing with a toy, or sleeping. Instead, dogs generally prefer to be allowed to smell a person first, to approach people at their own pace, and to be scratched on the neck and chest rather than approached from above.

Avoid Teasing or Aggressive Play

Even generally calm dogs can bite accidentally when they are teased or engaged in overly aggressive games. Dangling a toy or treat above a dog's face, wrestling, or playing intense games of tug of war can increase the risk of a bite. Dogs should be treated with respect, and teasing or aggressive play can encourage unwanted or even violent behavior.

Give a Dog Its Space

Most dogs feel threatened or territorial when someone enters their space uninvited. If you encounter a dog that you are unfamiliar with, or one that is on its own turf such as its yard, bed, or porch, it is best to keep your distance. Even generally friendly dogs can act aggressively when defending territory, sometimes growling, barking, or nipping to keep others away.

Keep Dogs Leashed and Consider Spaying or Neutering

Dogs should generally be kept leashed unless wearing an official off leash tag issued by the local municipality or county. Spaying or neutering a dog can also help reduce aggression, lowering the overall risk of a bite or attack. A veterinarian can provide guidance on the appropriate age for this procedure.