Sac City Dog Bite Injury Attorneys

A dog attack can leave a victim with more than just visible wounds. Bites can cause nerve damage, lead to disputes over whether a dog should be labeled dangerous, and raise questions about how a dog's breed affects a claim.

Can a Sac City Dog Bite Cause Nerve Damage?

A dog bite can cause nerve damage. A dog's powerful jaws can injure not only nerves, but also tendons, muscles, and bones.

Ways a Dog Bite Can Cause Nerve Damage

Neuropraxia is the least serious type of nerve damage because it stretches nerves but does not sever them. It can occur from crushing injuries caused by the bite or when an attack results in a dislocation or fracture. Recovery can take anywhere from a few hours to several months.

Axonotmesis is a more serious injury that a dog bite can cause, damaging nerves as well as muscle and motor function. Recovery is much longer, ranging from a few months to years.

Neurotmesis is the most severe type of nerve injury a dog bite can cause. It occurs when the nerve is severed. If it is a clean cut, it is sometimes possible to repair the nerve, including through procedures that involve regenerating the nerves, although recovery still takes time because it is a slow process. In many circumstances, the damage is irreparable, and when function does not return, it can cause abnormal sensations or movements.

Signs of Nerve Damage After a Dog Bite

Motor nerves control actions and movements by passing information from the spinal cord and brain to the muscles. Signs of motor nerve damage may include weakness, paralysis, fasciculation or twitching, and muscle atrophy or muscle wasting.

Sensory nerves affect sensation, such as pain, by passing information from the muscles and skin to the brain and spinal cord. Signs of sensory nerve damage may include burning, numbness, pain, prickling or tingling, and difficulties with positional awareness.

How Nerve Damage May Impact a Sac City Dog Bite Claim

Nerve damage can occur to the face, hands, or other body parts, and it is possible that additional injuries occurred, such as fractures. Open wounds are at risk of infection, and a bite may cause disfigurement. These are all important considerations when determining the value of a dog bite claim.

Dog owner liability depends on state laws, so it is important to understand how that may affect a claim. In Iowa, it is fairly easy to hold an owner liable for damages. The only exception that may apply is if the victim acted unlawfully and it contributed to the injury, such as breaking into someone's home and being attacked by the family's dog. Since dog owners are often unwilling to part with their dog after an attack, it helps to understand the common challenges of a dog bite claim in Iowa and how to address them.

Recoverable damages include the medical costs to treat the injury. Nerve damage injuries may require surgery, and if injuries are severe, cosmetic surgery may be needed to improve appearance. Lost earnings are another form of compensation that may be available, applying to any missed time from work while healing and recovering, and potentially anticipated earnings if the attack leaves the person disabled. Nerve damage may also allow for the recovery of damages such as pain and suffering, emotional distress, and reduced quality of life, and permanent scarring may allow for compensation for disfigurement.

Filing a Dangerous Dog Complaint in Sac City

It is possible to file a dangerous dog complaint even if the dog has not bitten anyone yet. Iowa follows a two tier system for regulating vicious and dangerous dogs, and if a dog is declared either vicious or dangerous, local authorities can take steps to protect the safety of citizens.

What Makes a Dog Vicious

Local municipal codes across Iowa often define a vicious dog as one that meets certain conditions, which can include the following.

• Any dog which has attacked a human being or domestic animal without provocation
• Any dog with a tendency to attack, cause injury, or endanger the safety of human beings or domestic animals
• Any dog that snaps or bites
• Any dog that has been trained for dog fighting or other animal fighting
• Any dog trained to attack humans, upon command or spontaneously in response to human activities, except police dogs

Under definitions like these, dogs that growl, bark, become rigid, or otherwise appear threatening can be labeled vicious. Also, if a dog harms a person in ways other than biting, such as knocking them down or clawing at their face, it can be declared vicious.

What Makes a Dog Dangerous

A dog may be declared dangerous under local ordinances if it meets certain conditions, which can include biting or clawing a person on two separate occasions within a 12 month period, biting or clawing once causing injuries above the shoulders, being unable to be controlled or restrained by the owner at the time of an attack, attacking any domestic animal or fowl on three or more separate occasions, or killing any domestic animal while off the owner's property.

Many of these conditions require the dog to seriously attack a person or animal on more than one occasion, and some of them involve the dog inflicting grave injuries, such as to the head, face, or neck. If a dog has not attacked, it generally cannot be declared dangerous.

How to File a Complaint and What Happens to the Dog

To file a complaint, contact your local animal control or humane authority and describe the dog. They will investigate the claim and make a determination about the dog. Vicious dogs are typically subject to regulations including a separate license, a liability insurance policy requirement, and special rules that keep the animal confined in a house, structure, or on a leash. If the humane authority does not believe it is reasonable for the owner to continue maintaining the dog, the dog may be seized and impounded. If a declaration is later reversed on appeal, the owner will get the dog back.

Will a Dog's Breed Affect Your Sac City Claim?

There are two theories of liability for pursuing damages for a dog bite in Iowa, strict liability and a negligence based theory of responsibility.

Iowa's Strict Liability Dog Bite Law

Iowa primarily imposes a strict liability dog bite law, found under Iowa Code 351.28, which states that the owner of a dog shall be liable to an injured party for all damages done by the dog. Under this law, the owner of a dog is always held responsible for injuries caused by a dog bite, regardless of the dog's breed or history of dangerous behavior, with the exception being if the dog bite victim was doing something illegal at the time of the attack.

Iowa's Negligence Based Liability

Under the theory of strict liability, a dog owner is only liable for medical expenses specifically related to the injury. However, a dog bite victim does have the right to pursue a personal injury lawsuit against the dog owner if they can prove negligence. One example of negligence is failing to restrain a dog that has a known history of aggression or violence. A victim could also argue that it was negligent to harbor a dog that had been declared dangerous or vicious.

While there is no single statewide law on the subject, various cities throughout Iowa have banned, restricted, or labeled certain dog breeds as dangerous or vicious through local ordinances. If a person is harboring a dog that is illegal, restricted, or already declared dangerous or vicious, and that dog bites you in Sac City, you may be able to prove negligence in a civil suit. In a negligence based liability case, damages for medical expenses, lost wages, and pain and suffering are all recoverable.

When to Contact Sac City 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.

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