- Waverly Dog Bite Injury Attorneys
- Phone: 641-792-3595
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When a dog inflicts injury, dog bite injury lawyers are dependable advocates for the victims. Their expertise in animal law allows them to manage the complexities of liability and compensation, ensuring justice and proper support.
Can I Use Harmful Force as Protection from a Dog Attack?
As protection from a dog attack, the use of harmful force against a dog that poses an immediate threat to oneself or a nearby person is permissible to prevent injuries. However, harmful force is only justified when acting in self-defense or the defense of others, not for revenge after a dog bite or attack.
When Use of Harmful Force is Appropriate
Individuals may use force if a dog demonstrates actions that lead a person to reasonably believe that the dog would attack. The level of force used should be proportional to the threat. For instance, lethal force could be appropriate if the dog is actively attacking. The person must prove that their actions were the only available means to prevent harm.
When Use of Harmful Force is Inappropriate
Using harmful force against a dog is typically inappropriate if the dog is merely barking or growling, especially if restrained. If the dog is confined and cannot inflict harm, using a gun against it would be inappropriate. Harmful force is also inappropriate if the dog is fleeing after an attack, as it no longer poses a threat. Additionally, seeking revenge for a previous bite is not permitted. Instead, report the incident to authorities for proper assessment.
According to Iowa law statute 351.28, the owner of a dog is liable for damages if the dog is attacking or attempting to bite a person, except when the injured party is engaging in unlawful acts contributing to the injury.
Iowa Laws for the Rabies Vaccine for Dogs
In the early 1900s, over 100 people per year died from rabies infections, a number reduced to one or two per year by the 1990s due to stringent rabies vaccination laws. Pet owners must vaccinate their dogs to prevent human rabies infection after a dog bite, and failing to do so is a misdemeanor offense in Iowa.
Iowa Rabies Vaccination Law
Iowa Annotated Statute § 351.33 mandates dog owners to vaccinate their dogs against rabies if they are six months or older. Unvaccinated dogs running at large can be impounded, and owners must produce vaccination evidence within a week or have the dog vaccinated immediately. Failure to comply can result in the dog being euthanized.
Exemptions from the Rabies Vaccine
Exemptions include dogs under six months old, dogs in kennels not allowed to run at large, dogs in transit for less than 30 days, dogs exhibited for less than 30 days, and dogs in research facilities. Despite exemptions, it is good practice to vaccinate all dogs to prevent rabies infections.
Administering the Rabies Vaccination
Only licensed veterinarians can administer rabies vaccinations in Iowa, using state-approved vaccines. Vets issue a certification of vaccination and a rabies tag to be attached to the dog’s collar. The vaccine is affordable and available at vet offices and animal hospitals.
Filing a Dog Bite Lawsuit against a Kennel or Veterinary Office
Veterinary offices and kennels may be liable in a dog bite lawsuit if a dog attacks a third party at their facility. These businesses often have liability insurance for such cases. However, liability depends on the negligence of the facility and Iowa dog bite laws.
Liability for a Dog Bite in a Vet’s Office or Dog Kennel
The victim is not responsible for the bite unless they provoked the dog. The dog owner and the facility might be liable, especially if the owner informed the facility of the dog's aggressive behavior and no precautions were taken.
Strict Liability under Iowa Code 351
Dog owners are strictly liable if their dog bites a person unless the dog has rabies and the owner was unaware. If the owner knew of the rabies and did not take measures to prevent the bite, they could be liable.
When to Contact a Dog Bite Lawyer
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.