Slater Dog Bite Injury Attorneys

A dog attack can raise legal questions that go well beyond the bite itself. Did you have the right to defend yourself with force? Were you on someone else's property in a way that could affect your claim? And once you have been treated, who is actually supposed to pay the bill? The Slater dog bite attorneys at Walker, Billingsley & Bair want local residents to understand all three, since the answers can significantly change the outcome of a claim.

Can You Use Harmful Force to Protect Yourself From a Dog Attack?

The use of harmful force against a dog that is posing an immediate threat to yourself or a nearby person is allowable in order to prevent injuries. However, this is only permitted when acting in self-defense or in defense of others, not for revenge for a dog bite or attack, or for unprovoked harm.

When Use of Harmful Force Is Appropriate

Individuals may use force as protection from a dog attack if they do so in defense of themselves or another person. For a dog to be believed a threat, it must show actions that lead the person to know or reasonably believe the dog would attack. The amount of force used should be appropriate to the degree of threat the dog presented, and if the dog was attacking the victim, lethal force could be considered appropriate. The person who uses force against the dog should also be able to show that their actions were the only available option to prevent themselves or others from further harm.

When Use of Harmful Force Is Inappropriate

Attacking a dog just because it is barking or growling is typically inappropriate, especially if the dog is restrained or confined. If a dog has already attacked a victim and is fleeing the area and no longer threatening the victim, an argument may be made that harmful force would not be appropriate, since the dog is no longer a threat to safety. Harmful force against a dog is also disallowed when used for revenge. If previously bitten by a neighbor's dog near Slater, a person is not permitted to go back and harm the dog for its actions, and should instead report the incident to police or animal control.

How Trespassing Affects Liability in Dog Attack 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. Under Iowa Code section 351.28, the owner of a dog is liable to an injured party for all damages done by the dog when it attacks or attempts to bite a person, except when the injured party was doing an unlawful act that directly contributed to the injury. If someone trespasses on a dog owner's property, the property owner may not be liable for a dog bite or attack.

What Counts as Trespassing?

Trespassing is an unlawful act, so if a bite victim was trespassing, he or she generally cannot pursue the dog owner for damages. What counts as trespassing can be a difficult question with many gray areas. Under Iowa law, trespassing happens either when someone enters a property without justification after receiving notice not to enter, or when the person enters without the owner's permission. Unless a 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. Iowa Code section 716.7(3) also gives the general public the right to retrieve personal property that ends up on someone else's property, as long as they do not linger and take a direct route to the item, such as a child entering a 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 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 might argue they approached a house with no fence and no signs discouraging visitors, knocked on the door for directions, and were attacked when the homeowner opened the door. If a bite victim assaults, beats, or otherwise harms the dog owner, including through yelling or other threatening behavior, they cannot claim the dog owner is liable for their injuries. Robberies and other situations that excite a dog and prompt it to bite also may not warrant liability for the dog owner. The details of these cases can vary from one incident to the next, which is why it is worth discussing your particular case with an attorney.

Who Should Pay My Medical Bills Near Slater?

Who pays your medical bills depends on how you were injured. If you were bitten by a dog, or hurt in a car or truck crash, rarely will the at-fault party's insurance company make payments for your medical bills as they are incurred, even when liability seems obvious. Insurance companies routinely make payments only at the time of a final settlement, when they can obtain a release.

Where to Look for Coverage in the Meantime

You should look to your own health insurance from an employment benefits package, your own personally purchased health insurance, health insurance obtained by a spouse or parent for your benefit, medical payments insurance coverage from your own policy, coverage through HealthCare.gov or Medicaid if you are uninsured, or your own personal funds.

Handling Insufficient Funds and Subrogation

If there are insufficient funds to pay medical bills, it may be possible to arrange for a provider to be paid directly from a settlement or verdict, which health providers will sometimes accept rather than pursuing collection in the meantime. Keep in mind that almost all insurance policies have a subrogation provision, which simply means they require reimbursement if you obtain money for your medical bills from another party or insurance company.