- Sioux Center Dog Bite Injury Attorneys
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Dog bites can result in severe physical injuries, lasting emotional trauma, and significant financial burdens for victims and their families. A single attack can mean emergency medical care, ongoing treatment, time away from work, permanent scarring, and psychological harm that lingers long after the wounds have healed. In Iowa, the law provides real protections for dog bite victims, but navigating those protections successfully, and recovering everything you are entitled to, requires understanding how Iowa dog bite liability works, what the insurance company is going to do after your claim is filed, and why having an experienced Iowa injury attorney on your side makes such a substantial difference.
Iowa Dog Bite Law: Two Paths to Holding an Owner Accountable
There are two theories of liability for pursuing damages after a dog bite in Iowa: strict liability under Iowa Code Section 351.28, and a negligence-based theory of responsibility. Understanding both is important, particularly when the dog's breed or the owner's knowledge of prior dangerous behavior plays a role in your case.
Iowa's Strict Liability Dog Bite Law
Iowa primarily imposes strict liability for dog bites. Under Iowa Code Section 351.28, the owner of a dog is liable to an injured party for all damages caused by the dog biting someone, regardless of the owner's negligence and regardless of the dog's breed or prior history of dangerous behavior. This is a powerful protection for victims because it removes the burden of proving that the owner knew the dog was dangerous before the attack occurred.
There are limited exceptions. If the victim provoked the dog in a cruel manner, liability may not apply. Similarly, if the dog had rabies, that creates an exception, though if the owner knew the dog had rabies and could reasonably have prevented the attack, liability may still be present. Outside of these narrow exceptions, Iowa's strict liability framework means that a dog owner who lets their animal bite someone is generally on the hook for the resulting damages, period.
Negligence-Based Liability and When It Applies
Under the strict liability theory alone, the owner is liable specifically for medical expenses directly related to the injury. However, dog bite victims also have the right to pursue a personal injury lawsuit based on negligence if they can prove the owner failed to act with reasonable care. Examples of negligent conduct include failing to restrain a dog with a known history of aggression or violence, or knowingly harboring a dog that has been legally declared dangerous or vicious.
In a successful negligence-based claim, damages for medical expenses, lost wages, and pain and suffering are all recoverable. This broader category of damages is one of the primary reasons why consulting with a qualified Iowa dog bite attorney before settling any claim on your own is so important.
Does a Dog's Breed Affect Your Iowa Dog Bite Claim?
Under Iowa's statewide strict liability law, the breed of the dog that bit you generally does not affect your ability to recover. The owner is liable regardless of what type of dog they own. However, breed can become highly relevant when pursuing a negligence-based claim, because multiple Iowa cities have enacted local ordinances that ban, restrict, or officially classify certain dog breeds as dangerous or vicious.
In Des Moines, Pit Bulls are automatically classified as vicious dogs under local ordinance. In Sioux City, Pit Bulls are banned entirely. In Cherokee, the following breeds are subject to dangerous dog restrictions:
- Pit Bulls
- Akitas
- Rottweilers
- Doberman Pinschers
There are special rules and requirements for vicious dogs throughout Iowa. If a dog owner was harboring a breed that is banned, restricted, or classified as dangerous or vicious under local ordinance, and that dog bites you, then you may have strong grounds to prove negligence in a civil lawsuit. Knowingly keeping a dog that the law has already labeled as dangerous, and then allowing that dog to attack someone, is precisely the kind of failure to act reasonably that supports a negligence claim.
An experienced Iowa dog bite attorney will know the specific ordinances and breed restrictions in place throughout the state and can help you determine whether local rules apply in your particular situation.
What Damages Can You Recover After a Dog Bite in Iowa?
Iowa law recognizes a broad range of compensable damages in dog bite cases. The full scope of what you may be entitled to recover goes well beyond the cost of an emergency room visit, and understanding this complete picture is essential before you agree to any settlement.
Medical Expenses, Past and Future
All reasonable and necessary medical expenses you have already incurred, as well as those that are reasonably certain to be incurred in the future as a result of your injury, are recoverable. This includes hospital care, physician visits, surgical procedures, physical rehabilitation, nursing care, diagnostic testing, therapy, and pain management treatment. Importantly, you can recover the full value of your medical expenses from the responsible party even if your own health insurance has already paid all or part of those bills.
Lost Wages and Future Loss of Earnings
You are entitled to recover the wages, commissions, bonuses, and all other earnings and fringe benefits you lost as a result of your injuries. You can recover the full value of those lost wages even if your employer or a disability insurance policy has covered some of them. If your injuries permanently limit your ability to earn at the same level as before the attack, you can also recover the value of that reduction in future earning capacity over the remainder of your working years.
Pain and Suffering
In most dog bite cases, the most significant element of the claim is the right to compensation for physical pain and mental anguish, both what you have already endured and what you will continue to experience in the future. These general damages are in addition to, and can often be far greater than, the total of your lost wages and medical expenses combined.
Disfigurement and Loss of Full Mind and Body
If the dog bite causes scarring or other permanent unsightly marks, you are entitled to recover for the disfigurement itself and for the humiliation and embarrassment associated with it. You are also entitled to recover for any loss of function or use of your body or mind caused by the injury. These damages are in addition to the other categories of compensation described above.
Damage to Family Relationships
Serious injuries to a spouse or child caused by a dog attack can damage the relationship itself. Iowa law allows recovery for the loss of society, affection, and assistance of a spouse or child when such damage occurs. In wrongful death cases arising from a dog attack, beneficiaries may also recover for loss of companionship, comfort, guidance, affection, and the deceased's lost accumulation of value to their estate.
The Serious Emotional and Psychological Impact of Dog Bite Disfigurement
When a dog bite causes disfigurement, particularly to visible areas of the body such as the face, hands, and arms, the emotional impact can be just as serious and long-lasting as the physical injury. Victims of disfiguring dog bites often become self-conscious about their appearance, may receive unwanted stares and questions, and can begin to withdraw from social situations they previously enjoyed. This kind of social impairment is a recognized and compensable form of harm.
Researchers at the Centre for Appearance Research at the University of the West of England published findings in the journal Body Image explaining that people with disfigurements often experience spirals of negative emotions including social anxiety, fear of negative social evaluation, lowered self-esteem, unfavorable body image, and patterns of excessive social avoidance. These are not minor inconveniences. They are documented psychological consequences that require treatment and that deserve to be part of any fair dog bite settlement.
Disfiguring dog bite injuries can also lead to post-traumatic stress disorder and other psychological conditions requiring ongoing care. Treatment options for these emotional injuries may include cognitive techniques, psychotherapy, psychosocial interventions, physiotherapy, speech therapy, EMDR (Eye Movement Desensitization and Reprocessing), counseling, lifestyle adjustments, and medications. All of these treatment costs are recoverable as part of a dog bite claim when they are causally connected to the attack.
5 Things the Insurance Company Does Not Want Iowa Dog Bite Victims to Know
After a dog bite, the homeowner's or renter's insurance policy covering the dog's owner will typically be the primary source of compensation. Once you file a claim, an adjuster will be assigned to your case. That adjuster's job is not to help you. Here is what you need to know before you have any contact with them.
1. The Insurance Company Is Not Required to Be Honest with You
There is no law requiring the insurance company for the other side to tell you the truth or to act in your best interests. Adjusters will sometimes build rapport and act friendly, particularly when injuries are serious and the potential payout is high. Do not mistake that friendliness for good faith. The cold hard truth is that you cannot trust what the insurance company for the other side tells you. They are not looking out for you, and they will take advantage of you at every opportunity.
2. You Do Not Have to Give a Recorded Statement
The adjuster will very likely tell you that they need a recorded statement to process your claim. You have no legal obligation to provide one to the insurance company for the other side. The purpose of a recorded statement is to ask questions designed to produce answers that can later be used to reduce or deny your claim. Before you speak at length with any adjuster about the details of your case, consult with a qualified Iowa injury attorney.
3. Their "Final Offer" Is Rarely Their Best Offer
At some point during negotiations, the insurance company will tell you their current offer is their final one. Based on the experience of Iowa injury attorneys who deal with insurance companies daily, this is usually not true. Making a counteroffer costs you nothing, and filing a lawsuit is sometimes necessary to obtain a genuinely fair settlement. Accepting a low offer before fully understanding the long-term value of your injuries is one of the most common and costly mistakes dog bite victims make.
4. They Will Deliberately Try to Frustrate You
When the friendly approach does not produce a quick, cheap settlement, adjusters sometimes shift to a deliberate delay and frustration strategy. Low initial offers, slow responses, and drawn-out investigations are all used to push victims toward settling just to be done with the process. If you have suffered a serious dog bite with lasting effects on your health, appearance, or ability to work, do not let frustration drive you into a settlement that does not account for everything you are owed. An experienced injury attorney handles these tactics every day on behalf of clients and will not be worn down by them.
5. They Will Not Pay Your Medical Bills as You Incur Them
Adjusters will often ask you to send medical bills directly to them, which can create the impression that they will be paying those bills as they come in. They will not. This is a tactic used to delay payments, allow collection calls to start piling up from providers and hospitals, and then leverage that financial pressure to push you into accepting a low settlement. Have your medical providers submit bills to your own health insurance to keep your care covered while your claim is being resolved.
When to Contact Sioux Center 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.