Pella Dog Bite Injury Attorneys

Dog bite injury attorneys become essential allies for victims when a dog causes harm. They navigate the legal intricacies of animal attacks, focusing on securing justice and fair compensation for the injured parties.

How Trespassing Affects Liability in Dog Attack Injury Cases

Dog attacks can lead to severe physical and emotional trauma, and understanding the nuances of liability is crucial, particularly in states like Iowa with specific dog bite laws. One significant factor that can influence liability in dog attack cases is whether the victim was trespassing at the time of the incident.

Iowa's Dog Bite Liability Laws

In Iowa, the owner of a dog is generally liable for any injuries caused by their dog. According to Iowa Code Section 351.28, "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." This means that if a person is injured by a dog while engaging in unlawful conduct, such as trespassing, the dog owner may not be liable for the injuries.

Understanding Trespassing and Liability

Trespassing is considered an unlawful act under Iowa law. If a person was trespassing when a dog bite occurred, they generally cannot hold the dog owner liable for their injuries. Trespassing typically involves entering someone's property without permission or after being notified not to enter.

However, determining what constitutes trespassing can be complex. For example, if a property is not clearly marked with signs or barriers, there may be an implied invitation for the public to enter for common reasons, such as asking for directions or retrieving lost property. According to Iowa Code Section 716.7(3), individuals have the right to retrieve personal property from someone else's yard as long as they take a direct route and do not linger.

When Dog Owners Are Liable

Under Iowa's strict liability law, dog owners are usually held responsible for injuries caused by their dogs, irrespective of the breed or the dog's past behavior. This means that if you were lawfully on the property and were bitten by a dog, the owner is liable for your injuries. However, if the dog owner can prove that you were trespassing, they might avoid liability.

Even if trespassing is not an issue, there are exceptions where the dog owner might not be liable. For instance, if a person was assaulting the dog owner or engaging in other unlawful activities, such as robbery, which provoked the dog, the owner might not be held responsible.

Breeds and Negligence-Based Liability

While Iowa's strict liability law makes dog owners accountable for bites, regardless of the dog's breed, negligence can also play a role in liability claims. Some cities in Iowa have specific ordinances regarding dangerous dog breeds. For example, Pit Bulls are considered vicious in Des Moines and are banned in Sioux City. If a dog owner harbors a dog that is known to be dangerous or restricted by local laws and that dog bites someone, the owner may be found negligent.

Negligence-based liability allows victims to seek compensation for a broader range of damages, including medical expenses, lost wages, and pain and suffering. To succeed in such a claim, the victim must prove that the dog owner failed to take reasonable precautions to prevent the bite.

Long-term Effects of Dog Attacks

Dog attacks can have severe and lasting effects, including physical disfigurement, emotional trauma, and infections. Physical injuries from dog bites can range from permanent scars and mobility issues to amputation. Emotional trauma, especially in children, can lead to post-traumatic stress disorder (PTSD), which might manifest as fear, anxiety, and behavioral changes.

Infections from dog bites, though rare, can be serious. Diseases like rabies, if untreated, can be fatal. Other complications from untreated wounds can lead to severe health issues, such as sepsis and loss of function.

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.