Manson Dog Bite Injury Attorneys

A dog bite near Manson can leave a victim facing painful wounds and an insurance company looking for any reason to avoid paying what is owed. Understanding Iowa's dog bite laws, how a trespassing accusation can affect a claim, and how an attorney increases the value of a case can make a real difference in the outcome. The Manson dog bite attorneys at Walker, Billingsley & Bair want local residents to understand all three before they speak with an adjuster or sign any paperwork.

A Closer Look at Dog Bite Laws in Iowa

The state of Iowa has a statute that imposes liability for injuries or damages caused by an owner's dog. Liability for a dog bite will rest with the owner in most cases, though since each situation is unique, it is always best to consult with a qualified attorney about your specific circumstances. According to Iowa Code section 351.28, the owner of a dog that causes injury to a person is liable for all damages related to the incident.

Damages May Extend Beyond the Bite Itself

This means damages may extend beyond the actual injuries caused by a dog biting or attacking a person. One example is if a person attempting to escape a dog attack runs into the street and is struck by a car. Under Iowa's dog bite law, the victim can make a claim for the additional injuries caused by being struck by the car, in addition to the injuries from the bite itself. Similarly, if a person riding a bicycle near Manson is chased by a dog attempting to attack or bite, and that person is thrown from the bike and injured, the victim could make a claim for those injuries under Iowa's dog bite law as well, since the law is meant to cover the full chain of events the dog set in motion.

Rabies Symptoms in Dogs and Stray Animals

Rabies is a deadly virus that can spread to humans from the saliva of infected animals. If an animal is acting unwell, stay away from the animal and call your local animal control to investigate. Symptoms of rabies include aggression, biting, a dazed look and confused behavior, refusing water, and foaming at the mouth. Knowing these symptoms can help protect you and others nearby.

How Trespassing Affects Liability in Dog Attack Cases

Generally, unless a dog attack victim is engaged in unlawful conduct, the owner is responsible for controlling the dog and liable for any injuries. Under Iowa Code section 351.28, the owner of a dog is liable to an injured party for all damages done by the dog when it attacks or attempts to bite a person, except when the injured party was doing an unlawful act that directly contributed to the injury. If someone trespasses on a dog owner's property, the property owner may not be liable for a dog bite or attack.

What Counts as Trespassing?

Trespassing is an unlawful act, so if a bite victim was trespassing, he or she generally cannot pursue the dog owner for damages. Under Iowa law, trespassing happens either when someone enters a property without justification after receiving notice not to enter, or when the person enters without the owner's permission. Unless a property is behind a locked gate or contains a sign discouraging visitors, there may be an implied invitation to members of the public to enter for common errands like selling door-to-door or asking for directions. Iowa Code section 716.7(3) also gives the general public the right to retrieve personal property that ends up on someone else's property, as long as they do not linger and take a direct route to the item, such as a child entering a yard to retrieve a stray ball that rolled onto the neighbor's lawn.

When Are Dog Owners Liable or Not Liable for a Bite?

Because of Iowa's strict liability system, dog owners may be liable for dog bites under many circumstances. A dog owner may argue the person was trespassing, in which case the bite victim may have to prove he or she was not trespassing. For example, a bite victim might argue they approached a house with no fence and no signs discouraging visitors, knocked on the door for directions, and were attacked when the homeowner opened the door. If a bite victim assaults, beats, or otherwise harms the dog owner, including through yelling or other threatening behavior, they cannot claim the dog owner is liable for their injuries. Robberies and other situations that excite a dog and prompt it to bite also may not warrant liability for the dog owner. The details of these cases can vary from one incident to the next, which is why it is worth discussing your particular case with an attorney.

How an Attorney Strengthens Your Dog Bite Case Value

When you have been injured in a dog attack near Manson, the insurance company's first offer rarely reflects the true value of your claim. Without proper legal representation, you could be leaving thousands of dollars on the table.

Getting the True Value of Your Case

An Iowa personal injury attorney increases case value through several strategic actions, such as obtaining doctors' reports and medical opinions when necessary to prove causation between your injuries and the dog attack, and securing expert opinions on the cost of future medical care, since insurance adjusters often focus only on current medical bills and ignore the long-term financial impact of your injuries, such as scarring or disfigurement that may require future treatment. Years of experience with similar Iowa injury cases allow an attorney to get a realistic sense of your case's worth once all the facts and medical opinions have been gathered, and to reject a lowball settlement that fails to account for all your losses, present and future.

Investigation and Avoiding Costly Mistakes

An attorney conducts a thorough investigation, gathering documentary evidence such as police reports, medical records, and bills, and hiring investigators when necessary to interview witnesses and collect additional evidence, such as photographs of the injury and the location of the attack. Your attorney also manages subrogation claims made by your health insurer seeking reimbursement from your settlement, and reviews and challenges liens asserted by doctors, insurance companies, or employers. Perhaps most importantly, an attorney helps you avoid common mistakes that could cost you thousands of dollars, such as giving recorded statements to insurance adjusters, accepting quick settlement offers before understanding the full extent of your injuries, or missing important filing deadlines that could bar your claim entirely.