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- Rock Rapids Dog Bite Injury Attorneys
- Phone: 641-792-3595
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A dog attack can happen in an instant, leaving a Rock Rapids victim with physical wounds, emotional trauma, and difficult questions about how to proceed. Understanding Iowa's dog bite laws, what steps to take immediately after an attack, and how a dog's history or breed can affect a claim are all important pieces of protecting your rights. Below, the Rock Rapids dog bite attorneys at Walker, Billingsley & Bair explain how Iowa's strict liability law works, what to do medically and legally after a bite, and how breed and negligence theories can factor into a case.
Does a Dog's Bite History Matter Under Iowa Law?
There is no "one-bite rule" in Iowa, which in some states requires a dog to have previously bitten a person, or to have acted in a manner that made the owner aware of its propensity to bite, before the owner can be held liable for damages. In Iowa, whether a dog has bitten somebody previously has no effect on a victim's ability to recover compensation from the dog owner.
In fact, dog owners in Iowa are strictly liable for damages caused by their dog if it bites or attacks a person. Victims do not have to prove the owner was negligent in order to recover damages. To win a case, a claimant only needs to prove that the dog bit them, that they suffered damages, and that the defendant owns the dog. A Rock Rapids victim should also be prepared to demonstrate that they were not engaged in illegal activity, such as trespassing, at the time of the bite.
Why Do Some Dogs Bite People?
Dogs show aggression for different reasons. They might be territorial, possessive, protective, or even afraid. Biting can also be a learned behavior, and a dog's training and environment may make it more or less likely to bite. If a dog is kept in an abusive home, for example, it might become more aggressive and more likely to bite.
Rules for Dogs Declared Vicious
Some Iowa cities have ordinances that declare certain dogs vicious, defined as any dog that has attacked a person or that has a disposition to attack, cause injury, bite, or snap at a person. Certain breeds may be named specifically under these ordinances. Dogs declared vicious under local ordinance are generally required to be confined in a house, pen, or kennel, or kept on a leash of no more than six feet, and the leash may not be attached to an inanimate object such as a tree. Ordinances vary from one city to the next, so it is worth checking local rules if a dog has bitten somebody or shows a propensity to bite.
Anyone bitten by a dog should report the attack to the appropriate authorities. People who are victims of dog bites can file a personal injury claim or lawsuit against the dog owner and may recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, and out-of-pocket costs related to the injury, while non-economic damages include pain and suffering and disfigurement.
What to Do After a Dog Bite: Treatment and Legal Steps
Being attacked by a dog can be a scary and dangerous situation. If a Rock Rapids resident or a loved one is bitten by a dog, the first thing to do is call 911 so police and appropriate medical personnel are sent to the scene. Dogs do not always have a collar and may run off after an attack, so it is important that police investigate and help determine who owns the dog.
If the dog and its owner cannot be identified, the victim may need to consider rabies shots since the dog's vaccination status will not be known. If the owner is located, police will typically ask for proof of rabies vaccination from the owner or the dog's veterinarian. If vaccination cannot be confirmed, the dog will likely be quarantined so it can be monitored for symptoms, which helps determine whether rabies shots are necessary for the victim.
Identifying the Owner Matters
If the dog and its owner are never found, there is no source of recovery for the victim's injuries. If the owner is a homeowner, their homeowner's insurance will often provide coverage. If they rent, renters insurance covering the actions of the dog may apply. If the owner has no insurance, the victim will need to consider whether the owner has other assets worth pursuing.
Medical Treatment and Care
Dog bite injuries can be serious and may require antibiotics, stitches, rabies shots, mental health counseling, and eventually scar revision surgery. If a victim experiences flashbacks, difficulty sleeping, anxiety, or fear of dogs after the attack, seeing a qualified mental health counselor sooner rather than later is a good idea. From a medical standpoint, scarring may remain after stitches are removed, and doctors will likely recommend avoiding sun exposure or using sunscreen to help a scar heal properly. If a scar is still visible and bothersome after six to twelve months, a consultation with a plastic surgeon may be worthwhile, since procedures such as lasers and chemical treatments can lessen a scar's appearance.
Handling the Insurance Claim
Iowa has strict liability for dog bite injuries, and to recover damages a victim must prove that a dog attacked or bit them, subject to very few exceptions. This is why it is so important to promptly identify the dog's owner. If the owner has insurance coverage, the claim should be submitted to that insurance company, which will assign an adjuster to the case. The adjuster will likely want to speak with the victim and see pictures of the injury, and may ask for a recorded statement, which is usually not a good idea to provide.
- If injuries are minor, it is generally fine to provide the adjuster with general information about the injury and the victim's age.
- If the injuries are serious, it is worth speaking with an attorney before speaking with the insurance adjuster.
- Remember that the adjuster's job is to represent the dog owner and pay as little as possible to close the claim. The adjuster is not looking out for the victim's best interests.
A qualified Rock Rapids dog bite attorney can help guide a victim through the process and avoid making a costly mistake. Once an attorney is hired, they become the victim's advocate, dealing with the insurance adjuster directly, answering questions, protecting the victim's rights, and working to secure fair compensation for the injuries suffered.
Will the Dog's Breed Affect My Claim?
There are two theories of liability for pursuing damages after a dog bite in Iowa. The first is strict liability, and the second is a negligence-based theory of responsibility. Each interacts differently with the question of a dog's breed.
Iowa's Strict Liability Dog Bite Law
Iowa primarily imposes a strict liability standard under Iowa Code Section 351.28, which states that the owner of a dog is liable to an injured party for all damages done by the dog. Under this law, a dog owner is held responsible for injuries caused by a bite regardless of the dog's breed or history of dangerous behavior, with the exception being if the victim was doing something illegal at the time of the attack.
Iowa's Negligence-Based Liability
Under strict liability alone, a dog owner is only liable for medical expenses specifically related to the injury. However, a dog bite victim also has the right to pursue a personal injury lawsuit against the owner if they can prove negligence. One example of negligence is failing to restrain a dog with a known history of aggression or violence. A victim could also argue it was negligent for an owner to harbor a dog that had been declared dangerous or vicious under local ordinance.
| Liability Theory | What Must Be Proven | Damages Available |
|---|---|---|
| Strict Liability | The dog bit the victim, damages resulted, and the defendant owns the dog | Medical expenses directly related to the injury |
| Negligence-Based Liability | The owner failed to restrain a dog known to be aggressive, or harbored a dog declared dangerous or vicious | Medical expenses, lost wages, and pain and suffering |
While there is no single statewide law governing breed restrictions, some Iowa cities have banned, restricted, or labeled certain dog breeds as dangerous or vicious under local ordinance. If a person is harboring a dog that is illegal, restricted, or otherwise declared dangerous or vicious where they live, and that dog bites someone, the victim may be able to prove negligence in a civil suit in addition to pursuing a strict liability claim.
Protecting Your Rock Rapids Dog Bite Claim
Whether a Rock Rapids dog bite victim is dealing with a first-time attack, navigating rabies concerns, or trying to determine whether a dog's breed and an owner's negligence play a role in a claim, understanding Iowa's dog bite laws is essential. Strict liability makes it possible to recover damages in most situations, while a negligence-based claim may open the door to additional compensation when an owner knowingly harbored a dangerous dog.
When to Contact Rock Rapids 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.