Le Mars Dog Bite Injury Attorneys

What to Do If You Think a Dog Is About to Attack

When a dog attack does occur, the injuries can be severe and permanent. Victims of dog attacks may suffer serious wounds, disfigurement, and post-traumatic stress disorder, among other lasting consequences. Knowing how to read a dog's body language and respond correctly in the seconds before an attack can mean the difference between walking away unharmed and sustaining a life-altering injury.

Recognize the Warning Signs

Dogs typically give off clear signals when they are feeling angry, scared, or territorial. If you notice any of the following behaviors, take them seriously and act immediately to create distance between yourself and the animal:

• Tensing its body
• Raising the hair along its neck and back, known as raising its hackles
• Opening its eyes wide so that the whites are visible, known as "whale eye"
• Backing away in a stiff, guarded posture
• Flattening its ears against its head

If you observe any of these signs, the best course of action is to calmly and quietly move away from the dog and give it a wide berth. Do not run. Sometimes simply providing a dog with enough space is all it takes to de-escalate the situation and prevent an attack entirely.

Remain Motionless If You Cannot Get Away

If a dog is already close enough that movement could trigger an attack, try to remain as still as possible. Do not move until the dog backs away or loses interest. Remember that a dog is considerably faster than a human being. Stillness and calm can remove the perceived threat that is provoking the animal. Most dogs attack because they feel threatened, believe their young are in danger, or perceive you as an intruder on their territory. What the dog typically wants is for you to become submissive and leave the area. Mimicking submissive behavior can accomplish exactly that.

Avoid Direct Eye Contact

Dogs interpret sustained eye contact as aggressive body language. That does not mean you should take your eyes completely off the animal. Instead, turn your head slightly and use your peripheral vision to monitor the dog's movements. This posture signals non-aggression without leaving you blind to what the dog is doing. Avoiding direct eye contact is one of the simplest and most effective ways to communicate that you are not a threat.

Resist Your Natural Impulses

If a dog looks like it is about to attack, your instinct may be to scream, run, or fight back. Avoid all of these reactions if at all possible. Screaming and running can trigger a dog's prey drive and escalate the situation. Fighting back can enrage the animal further and increase the severity of any injuries. The best approach is to remain quiet, remain still, and place something between yourself and the dog if available, such as a coat, bag, or purse. If an attack does occur despite your best efforts, try to protect your face and vital areas and remain as still as possible.

What to Do After a Dog Bite or Attack in Le Mars

Even if your injuries initially seem minor, the steps you take in the hours and days following a dog attack will have a direct impact on both your health and any legal claim you may later pursue. Acting quickly and following the right sequence of steps helps ensure your safety, creates an official record of the incident, and preserves the evidence needed to support your case.

Your Immediate Priorities

First, secure your own safety and the safety of anyone else nearby. Separate yourself from the animal and move to a safe location. Once you are out of immediate danger, wash the wound thoroughly with soap and water if those are available. Dog bites carry a significant risk of infection and should not be left untreated. Seek medical attention from a doctor or emergency room as needed, regardless of how the injury appears at first glance. Some wounds that look superficial can mask deeper tissue damage or infection risk that only becomes apparent with a professional examination.

Should You Call the Police or Animal Control?

Yes. You should generally report a dog attack to the police and/or animal control, particularly when the attack caused serious injury, the dog is not contained and remains a danger to others, or the animal appears sick. Reporting the incident creates an official record that can be used to establish the circumstances of the attack in a future legal claim. A failure to report can make it harder to prove what happened, especially if the dog owner later disputes the facts.

After contacting the appropriate authorities, collect as much information as possible while the details are fresh. This includes the dog owner's name and contact information, a description of the dog and its breed, any information about whether the dog has attacked before, the names and contact information of any eyewitnesses, and photographs of your injuries and the location where the attack occurred. Under Iowa Code Section 351.28, the owner of a dog is liable to the injured person for all damages caused by the dog. The evidence you gather at the scene becomes the foundation of that claim.

Consult a Dog Bite Attorney

After a dog attack, you have the right to consult with an Iowa personal injury attorney to learn what legal options are available to you. An attorney can evaluate the circumstances of the incident, establish the dog owner's liability, and collect necessary evidence to support your claim. The official police or animal control report may be used to help establish the facts of the attack and hold the responsible party accountable. There is no cost or obligation for an initial consultation, and speaking with an attorney early in the process puts you in the strongest possible position.

Iowa's Dog Bite Liability Laws and How a Dog's Breed Affects Your Claim

One of the most common questions that dog bite victims ask is whether the breed of dog that attacked them will affect their ability to recover compensation. The answer depends on which legal theory applies to the claim. Iowa provides two separate paths for recovering damages after a dog bite: strict liability under state law, and negligence-based liability, which can bring the breed question directly into play.

Iowa's Strict Liability Dog Bite Law

Iowa's primary approach to dog bite liability is found in Iowa Code Section 351.28. Under this strict liability law, the owner of a dog is liable to an injured party for all damages caused by the dog. This applies regardless of the dog's breed and regardless of whether the dog had any prior history of aggression or dangerous behavior. The dog does not need to have bitten anyone before. The owner does not need to have known the dog was dangerous. As long as the dog caused the injury and the victim was not engaged in illegal activity at the time of the attack, the owner is responsible. This is a strong protection for dog bite victims in Iowa, and it applies to every breed equally.

Negligence-Based Liability and the Role of Breed

While strict liability under Iowa Code 351.28 covers medical expenses related to the dog bite injury, a victim who wants to recover a broader range of damages, including lost wages and pain and suffering, has the right to pursue a personal injury lawsuit based on negligence. This is where a dog's breed can become legally significant.

One example of negligence is failing to properly restrain a dog that has a known history of aggression or violent behavior. Another example is harboring a dog that has already been declared dangerous or vicious. Iowa does not have a statewide breed ban, but multiple cities throughout the state have enacted their own restrictions on specific breeds. These special rules and requirements for vicious dogs vary by municipality.

If a person is keeping a dog that is illegal, restricted, or classified as dangerous or vicious under local ordinance, and that dog bites someone, it may be possible to prove negligence in a civil lawsuit. In a successful negligence-based claim, victims can recover compensation for medical expenses, lost wages, and pain and suffering. These damages go beyond what strict liability alone provides, making the negligence theory particularly valuable in serious injury cases.

When to Contact Le Mars 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.

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