Marengo 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. However, in extreme cases, a dog bite or attack affecting a Marengo resident can cause severe injuries. Deep lacerations, tendon damage, nerve damage, rabies, and even death can all result from a vicious dog attack, and these injuries can lead to enormous medical bills, time off from work, and intense pain and suffering. If you are pursuing a dog bite claim after an attack, it helps to understand the law, the common defenses a dog owner may raise, and how to handle the insurance company along the way.

What Does Iowa Law Say About Dog Bite Liability?

The law in Iowa is very clear when it comes to the liability of dog owners. According to 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 action 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 Marengo dog bite victim was doing something unlawful, the dog owner is liable for the injuries. This is exactly why some dog owners argue that the injured person was, in fact, doing something unlawful at the time, and that it contributed to the attack.

Common Challenges to a Marengo Dog Bite Claim

Many dog owners believe that if a victim was trespassing, they are not responsible for the dog's actions, but this is not automatically the case. The law states that an owner may avoid liability only if the victim was doing something unlawful and that conduct contributed to the bite. If someone trespassed by hopping a fence and startled the dog in the process, that might give the dog owner grounds to challenge liability. But if the trespassing did not actually contribute to the injury, the dog owner may still be liable for damages.

Provocation is another common defense. In some cases, the dog truly may have been provoked, such as when a child pulls a dog's tail or chases the dog into a corner, giving the owner grounds to challenge liability. However, the parties involved may have very different ideas of what counts as provocation. A child may provoke a dog without meaning to, or an adult may simply have been playing too rough. These situations are fact specific, which is why it helps to talk to an attorney about the particular details of a Marengo dog bite case.

Rabies can also come into play. 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. Even so, if it can be shown that the dog owner was negligent, for example by leaving a gate open or allowing a child access to a yard while an infected dog was outside, the owner may still be liable.

Does the Breed of Dog Matter in a Marengo Dog Bite Claim?

If a dog attacked you, the breed of the dog does not matter. The owner is responsible for the dog and for your damages regardless of what kind of dog was involved. Iowa law holds dog owners responsible for damages inflicted by their dogs in most circumstances, and any dog that attempts to bite, does bite, or attacks a person and causes injury generally allows the victim to recover compensation. The exceptions are the same as those already discussed: an injured person who was engaged in an unlawful act that directly contributed to the injury, or a dog suffering from rabies that the owner neither knew about nor reasonably should have known about.

That said, breed can still come up in a claim in an indirect way. Several cities in Iowa have declared certain breeds automatically dangerous or vicious, a classification often reserved for dogs with a history of biting or attacking or that have been trained to fight. Some localities place restrictions on certain breeds or ban ownership outright. Breeds that sometimes appear on these lists include Pit Bulls, Rottweilers, Akitas, Dobermans, and Presa Canarios, and some ordinances label other breeds such as Chows and Bulldogs as potentially dangerous. Owners of dogs classified as vicious may be required to take special precautions, such as carrying insurance or ensuring the dog is properly confined. While an owner of any breed is responsible for injuries their dog causes, a Marengo victim may be able to point to a dog owner's failure to follow local ordinances if that failure contributed to the injury.

Recovering Damages in a Dog Attack Injury Claim

Compensation available in a dog bite injury claim can include medical costs such as antibiotics, medical care, surgery, and reconstructive surgery when that treatment is necessary. Victims may also pursue compensation for lost wages while they recover from the attack and any related treatment. When a victim sustains serious physical harm or permanent disfigurement, they may also pursue damages for emotional distress, and Iowa law even allows recovery of emotional distress damages in certain cases where someone witnessed an especially severe attack.

Can I Trust the Insurance Company After a Marengo Dog Bite?

In Iowa alone, there are more than 100 insurance companies that sell insurance, with policies ranging from personal injury to workers' compensation. Although people generally buy insurance to protect themselves against future loss, paying a premium does not mean an insurance company is going to look out for you. Some people assume that if they are injured, their own insurance company will pursue the other party on their behalf, but that is simply not true. While your insurance company may try to recover what it paid out for property damage, it is highly unlikely to pursue a claim for your personal injuries.

If you are dealing with another party's insurance company, such as the company representing the dog owner in your Marengo case, keep the following in mind. The insurance company is not representing you or your best interests. It is not required to tell you the truth. It is in the business of making the most profit possible, which means paying you as little as possible. An adjuster may seem friendly, but they are not looking out for you. Insurance companies are in the business of selling insurance, and they do not like paying claims.

Tips for Dealing With the Insurance Company

Tell the truth. Anything you say can be used against you by the insurance company and its lawyers. Even a small inconsistency can damage your credibility, so the safest approach is always to tell the truth.

Be careful when dealing with the adjuster. Insurance companies have professionals working for them, so it is worth considering having a professional on your side as well. If you decide to hire an attorney, your attorney will deal with the insurance company on your behalf.

Keep documentation. Document your damages by keeping a diary or journal of how you are feeling, along with doctors' excuses for missed work and any medical bills or explanation of benefits forms you receive. Good documentation can support a higher evaluation of your claim.

Be thorough at medical appointments. Medical records generated during your appointments are very important, including your description of how you were injured, your physical complaints, and the treatment you received. Tell your medical providers everything that hurts. If you first mention a problem weeks or months after the attack, the insurance company will likely argue the problem was unrelated and reduce its offer accordingly.

Attend medical appointments regularly. Failing to see a doctor regularly can be treated as evidence that you have fully recovered, both by the insurance company and potentially by a judge or jury later on. If your doctor says to follow up as needed, that means returning in a few weeks if problems continue. Skipping that follow-up can make it look like you have made a full recovery, even if you have not.