Urbandale Dog Bite Injury Attorneys

A dog attack is a traumatic and often life-altering event. Whether you were bitten by a neighbor's dog, attacked while walking in your neighborhood, or injured by an animal whose owner failed to follow Iowa's vaccination requirements, understanding your legal rights is the first and most important step toward recovery. Walker, Billingsley & Bair has represented hundreds of dog bite victims across Iowa since 1997, and they have seen too many injured Iowans make costly, preventable mistakes before they understood how the law applied to their situation.

This guide covers three essential topics every Urbandale dog bite victim needs to know: Iowa's rabies vaccination law and what it means for your claim, how trespassing affects dog owner liability under Iowa law, and the ten most common mistakes Iowans make when dealing with doctors after a dog bite attack.

Iowa's Rabies Vaccination Law and What It Means for Dog Bite Victims

Dog bites carry real health risks beyond the immediate physical wounds. One of the most serious is the potential for rabies infection. In the early 1900s, more than 100 people per year died from rabies in the United States. By the 1990s, that number had dropped to one or two deaths per year, a reduction largely credited to widespread pet vaccination requirements. Iowa law is stringent about the rabies vaccine for dogs precisely because ensuring pets are vaccinated helps save human lives by preventing rabies infection after a dog bite.

What Iowa Statute Requires of Dog Owners

Iowa Annotated Statute Section 351.33 requires dog owners to vaccinate their animals. The statute provides that it is unlawful for any person to own or have a dog in their possession that is six months of age or older and has not been vaccinated against rabies. Failing to comply with this vaccination law is a simple misdemeanor offense in Iowa.

If a dog is running at large and has not been vaccinated, local board of health or law enforcement officials can impound the animal. The owner then has one week to pick up the dog and produce evidence of vaccination or have the dog immediately vaccinated. Failure to do so will result in the dog being euthanized.

Exemptions to the Rabies Vaccination Requirement

Iowa statutes do allow for several limited exemptions to the rabies vaccination requirement. A dog is exempt if it is under six months of age, if it is kept in a kennel and not allowed to run at large, if it is under the control of the owner and in transit and will be in Iowa for less than 30 days, if it is in the state for exhibition purposes for less than 30 days, or if it is assigned to a research facility. Even for dogs that qualify for these exemptions, keeping all pets current on their rabies vaccination remains the responsible practice. An unvaccinated dog that encounters a rabid wild animal can become infected and subsequently pose a danger to people.

How the Vaccine Is Administered and Documented

Iowa statutes require that only licensed veterinarians may administer rabies vaccinations, and the vaccine used must be approved by the state department of agriculture and land stewardship. After vaccination, the vet issues a certification of vaccination that the owner must keep available in case authorities ever request proof. The vet also issues a rabies tag that must be attached to the dog's collar at all times. Whether a dog involved in an attack was current on its rabies vaccination is a relevant factor after any bite incident, and dog bite victims should always report the attack and seek medical attention promptly regardless of the dog's vaccination status.

How Trespassing Affects Dog Owner Liability in Iowa

One of the most important and frequently misunderstood aspects of Iowa dog bite law is how the location of the attack and the conduct of the victim can affect whether the dog owner is legally liable. Iowa Code Section 351.28 states that 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 strict liability framework protects victims in most circumstances, but the trespassing exception creates important gray areas that dog bite victims in Urbandale need to understand.

When Trespassing Can Affect a Dog Bite Claim

Trespassing is considered an unlawful act under Iowa law. If a bite victim was trespassing at the time of the attack, the dog owner may argue that the victim cannot recover damages for the resulting injuries. However, what legally constitutes trespassing is far from simple and involves many gray areas that often require the analysis of an experienced attorney.

Under Iowa law, trespassing occurs either when someone enters a property without justification after receiving notice not to enter, or when the person enters without the owner's permission. However, unless property is behind a locked gate or contains a sign discouraging visitors, there may be an implied invitation for members of the public to enter for common purposes such as selling door-to-door or asking for directions. This implied invitation can be a significant factor in whether the victim's presence on the property is considered trespassing.

Iowa Code Section 716.7(3) also gives the general public the legal right to retrieve personal property that has entered someone else's property, as long as they do not linger and take a direct route to the lost item. A child who enters a neighbor's yard to retrieve a ball, for example, has a legal right to be there under Iowa law and would not be considered a trespasser in that situation.

When Dog Owners Are Not Liable for a Bite

There are specific circumstances under which a dog owner may not be held liable for an attack even if the victim was not technically trespassing. If a bite victim assaults, beats, or harms the dog owner in some way before the attack, they cannot claim the owner is liable for the resulting injuries. Assaults can include yelling and other threatening behavior. Robberies and other situations that excite or provoke a dog and prompt it to bite may also not warrant liability for the dog owner. The details of what occurred leading up to the attack matter greatly, and each case must be evaluated individually.

How to Pursue Compensation After a Dog Bite in Iowa

If you were bitten by a dog in Urbandale or anywhere in Iowa and you did not engage in any unlawful activity at the time, you may be entitled to compensation for your injuries through a personal injury claim. There are many procedural and substantive considerations involved in dog bite lawsuits, which is why seeking legal help from a qualified Iowa attorney is so important. Whether the dog owner argues trespass, provocation, or some other defense, an experienced dog bite attorney can evaluate the specific facts of your case and help you pursue the full compensation you deserve.

Ten Preventable Mistakes Iowans Make When Dealing with Doctors After a Dog Bite

Being attacked by a dog is a frightening experience that often leaves victims feeling scared, confused, and unsure of what to do next. Making one of the following common but preventable mistakes can mean the difference between recovering the compensation you deserve and being mistreated by the insurance company.

1. Failing to Seek Immediate Medical Attention

The victim is always responsible for proving that they were injured in the attack. Insurance companies and juries frequently believe that if a person was not hurt badly enough to seek immediate medical care, the injuries are not serious enough to warrant significant compensation. Do not ignore pain, even minor pain. See a doctor as soon as possible, because minor injuries from a dog bite can worsen quickly, particularly if infection sets in.

2. Not Disclosing the Whole Truth to Your Doctor

Your healthcare provider will typically ask whether you had any prior injuries or medical conditions related to the area now affected. Providing incomplete information hurts both the quality of your care and your legal case. All of your prior medical records will eventually be available to the insurance company and their lawyer. If your doctor's opinions are based on incomplete information, those opinions can be challenged or dismissed. Tell the truth about your health history and about exactly how the attack happened.

3. Failing to Get Your Pain Accurately Documented in Medical Records

Insurance companies and juries will not accept that you are in pain simply because you say so. They need to see it documented in your medical records. When reviewing those records, they look at how soon pain was reported after the attack, how long it continued to be reported, and how severe it was described as being. Write out your specific pain and limitations before your appointment and provide that information to your doctor. Do not exaggerate. Doctors are trained to identify inconsistencies, and an exaggerated pain description that does not match your observable presentation will result in a damaging note in your records.

4. Missing or Arriving Late to Medical Appointments

When you skip a medical appointment, your record reflects it with a notation such as "DNS" (did not show) or "No show." Excuses, no matter how valid, rarely make it into the medical record. More than one or two of these entries can suggest to an insurance company, and ultimately to a jury, that you were not committed to your own recovery or that your injuries were not as serious as claimed. If you need to cancel, do so well in advance and reschedule promptly.

5. Failing to Tell Your Doctor if the Injury Is Affecting Your Ability to Work

Insurance companies and juries require documented proof that your dog bite injuries are affecting your ability to work. If your injuries are limiting your job performance or preventing you from working entirely, you must communicate this to your healthcare provider and have it recorded in your medical records. Work limitations caused by a dog bite may also be treatable, and your doctor needs to know about them in order to address them properly.

6. Not Taking Medications as Prescribed

Doctors prescribe specific medications for a reason and for a defined period of time. Follow your doctor's recommendations. If a medication is causing unwanted side effects, contact your doctor to discuss switching to an alternative rather than simply stopping on your own. Admitting that you chose not to follow your doctor's prescription instructions can be seriously damaging to the credibility and value of your claim.

7. Stopping Medical Treatment Too Soon

Insurance companies and juries operate on the assumption that when a person stops seeking medical treatment, their injury has healed. Significant gaps between treatments are also used against victims, with the suggestion that the original injury resolved and any subsequent problems must be unrelated. If you are still suffering and your doctor tells you to come back as needed, ask directly how long you should wait to return if your pain and disability continue. Do not interpret an open-ended release as permission to stop seeking care.

8. Talking with Your Doctor About Your Lawsuit or Attorney

Your doctor's role is to focus on your medical condition, not your legal case. Whatever you say to your medical providers is not confidential once you bring a personal injury claim. Discussions about your lawsuit or your attorney are not necessary and should be avoided during medical appointments. Most doctors do not want to be involved in legal matters and being informed of a lawsuit may affect their willingness to provide treatment or reach important conclusions. You must tell your doctor how you were injured, such as noting the date and circumstances of the dog attack, but keep your legal concerns separate from your medical care.

9. Failing to Seek Treatment for Depression or Anxiety

The fear, pain, and disability that follow a dog attack frequently trigger depression and anxiety. These psychological conditions are just as real and just as compensable as physical injuries, but insurance companies and juries will only compensate for them if they are properly diagnosed and treated by medical professionals. Tell your doctors if you are experiencing mental health challenges following the attack, and seek appropriate care. A person who causes physical injury to another is also responsible for the resulting psychological harm.

10. Failing to Keep a File of Your Medical Records and Documents

Your attorney needs to know about every medical care provider you have seen after the attack in order to gather the complete record of your treatment. Keep copies of all doctor orders, treatment referrals, work excuses, and restrictions. Retain any materials provided by healthcare providers and insurance companies. Maintaining a thorough file ensures that all necessary information is available when it is needed to support your claim.

When to Contact Urbandale 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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