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In cases of dog-related injuries, dog bite attorneys offer reliable advocacy for victims. Specializing in animal law, they navigate the complexities of liability and compensation to achieve justice and support for the injured.

Recovering Damages and Liability after a Dog Bite in Iowa

Dog bites can result in severe physical injuries, emotional trauma, and financial burdens for victims. In Iowa, understanding the legal aspects of recovering damages after a dog bite is crucial for victims to ensure they receive the compensation they deserve.

Liability of Dog Owners under Iowa Law

According to Section 351.28 of the Iowa Code, dog owners are generally liable for damages caused by their dogs biting someone, regardless of the owner's negligence. However, exceptions exist, such as if the victim provoked the dog in a cruel manner or if the dog has rabies. An exception to this is if the owner knew that the dog had rabies and may have been able to prevent the injury through reasonable effort.

Victims should be aware of their rights under Iowa law and seek legal guidance to navigate the complexities of dog bite cases.

Types of Dog Bite Compensation

In Iowa, victims of dog bites may be entitled to various types of compensation, including:

Medical Expenses

Victims can recover the cost of all reasonable and necessary medical expenses incurred and that are reasonably certain to be incurred in the future because of the injury. This includes past (already-incurred) and future medical expenses, covering all forms of care and treatment such as hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation, or pain management. The full value of medical expenses can be recovered even if a health insurer has paid all or part of the bills.

Lost Wages (Loss of Earnings)

Victims are entitled to recover lost wages caused by their injuries, including wages, commissions, bonuses, and other earnings and fringe benefits. The full value of lost wages can be recovered even if the employer or disability insurance has paid all or part of them.

Future Loss of Earnings

If injuries permanently limit a victim's ability to earn, they can recover the value of the reduction in earning capacity with a reasonable probability that this will occur in the future. These damages compensate for lost earning power over the remainder of the victim's working years.

Pain and Suffering

Victims have the right to compensation for physical pain and mental anguish suffered and to be endured in the future because of the injury. These general damages are in addition to lost earnings and medical expenses and may be far more significant.

Loss of Full Mind and Body

This part of the bodily injury claim is designed to reimburse victims for any loss of function or use of the body or mind. These damages are in addition to other damages described above.

Disfigurement

If the injury causes scarring or other unsightly marks, victims are entitled to recover for the disfigurement and associated humiliation or embarrassment.

Damage to the Child or Marital Relationship

Serious injuries to a spouse or child may damage the relationship. If this occurs, victims are entitled to recover for the loss of society, affection, and assistance of the child or spouse.

Death

Damages for "wrongful death" are available to the beneficiaries (often the wife, husband, parent, or child) of the deceased person. Persons related by blood or marriage who were dependent upon the deceased may also recover. Damages include loss of consortium, which encompasses loss of companionship, comfort, guidance, affection, aid to the relationship, general usefulness, industry, and attention within the home and family. Damages are also available for the deceased’s lost accumulation of value to his/her estate.

These compensations aim to cover the various impacts of dog bite injuries on the victim's life, ensuring they receive adequate support during their recovery.

The Effects of Dog Bite Disfigurement

When someone is disfigured from a dog bite, particularly if it affects the most visible areas of the body, such as the face, hands, and arms, the victim might feel embarrassment and avoid social situations. Disfigurement can cause victims to become self-conscious, receive stares, and frequently field questions about their disfigurement, leading to feelings of alienation and varying degrees of social impairment.

In 2003, researchers at the Centre for Appearance Research at the University of the West of England published a report in the journal Body Image explaining that people with disfigurements often have negative self-perceptions and difficulties with social interactions. This may involve spirals of negative emotions (e.g., social anxiety), maladaptive thought processes (e.g., fear of negative social evaluation), unfavorable self-perceptions (e.g., lowered self-esteem and unfavorable body image), and negative behavior patterns (e.g., excessive social avoidance).

Treatments for Emotional Injuries Related to Dog Bite Disfigurement

Disfiguring injuries from a dog bite can lead to post-traumatic stress disorder and other psychological and emotional disorders that require ongoing treatments. Treatments may include:

- Cognitive techniques
- Psychotherapy
- Psychosocial interventions
- Physiotherapy
- Speech therapy
- EMDR (Eye Movement Desensitization and Reprocessing)
- Counseling
- Lifestyle changes
- Medications

“Survivors of physically disfiguring trauma, regardless of the cause, have experienced a series of assaults on the mind as well as on the body that present extraordinary challenges to human resilience,” explains Patricia Blakeney, Ph.D., and Daniel Creson, M.D., Ph.D., in a 2002 report in The Journal of ERW and Mine Action. They later explain, “They must find new identities to fit new body images. Whether for young children or for adults, this process is complex and arduous.”

How Trespassing Affects Liability in Dog Attack Injury 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 via a dog bite claim. Iowa law states: "The owner of a dog shall be liable to an injured party for all damages done by the dog, when…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 Sec. 351.28).

If someone trespasses on a dog owner’s property, the property owner may not be liable for a dog bite or attack.

Trespassing and Dog Owner Liability

Trespassing is an unlawful act, so if a bite victim was trespassing, he or she cannot go after the dog owner for damages related to injuries. What counts as trespassing is a difficult question, however, and has many gray areas. Under Iowa law, trespassing happens either when someone enters a property without justification after receiving notice not to enter the property, or when the person enters without the owner's permission.

Unless 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, for example. Per Iowa Code Section 716.7(3), the general public also has the right to retrieve any personal property that enters someone else's property as long as they don't linger and take a direct route to the lost property. For example, a child has a legal right to enter someone's yard to retrieve a stray ball.

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, though, that 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 may argue he or she approached a house with no fence and no signs discouraging trespassing, knocked on someone’s door for directions, and was attacked by the dog when the homeowner opened the door.

If a bite victim assaults, beats, or harms the dog owner in some way, they cannot claim the dog owner is liable for the injuries. Assaults can include yelling and other threatening behavior. Robberies and other situations that excite a dog and prompt it to bite also may not warrant liability for the dog owner.

Discuss your particular case with an attorney, as the details of these cases can vary from one incident to the next.

Why Do Dogs Attack and Bite, and What Are Some Steps to Avoid a Dog Bite Attack?

Dogs bite for three key reasons: dominance, defense, and security. Understanding these reasons can help in avoiding dog bite attacks.

3 Common Reasons for Dog Bite Attack

1. Dominance: Dogs commonly attack small children to show a sense of dominance because young children are easy targets.
2. Defense: Dogs are territorial and will attack to defend their territory, owner, or property.
3. Security: Dogs will strike if they feel threatened or distrustful of a person.

Tips to Avoid a Dog Bite Attack

- Distance yourself from an unfamiliar dog.
- Don’t run from an aggressive dog.
- Remain calm and still when interacting with an unfamiliar dog.
- Don’t disturb a dog while it is preoccupied.
- Don’t approach a dog from behind.

A dog bite attack can be a serious physical, financial, and emotional challenge. Get legal help from your Iowa dog bite attorney to see if you may be eligible to file a personal injury claim to pursue the compensation you deserve.

When to Contact a Dog Bite Lawyer

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.