How Do Dog Bite Cases Work?
What do you have to prove if you are a loved one are bitten or attacked by a dog? Iowa Code Section 351.28 provides that the owner of a dog shall be liable to an injured party for all damages done by the dog attacking or attempting to bite a person except when the party damage is doing an unlawful act. For example, if someone is breaking into your home, they are not allowed to recover if they are bitten or attacked by your dog. This is called strict liability because fault for negligence does not matter. Also, strict liability applies if a dog causes damage by worrying another domestic animal such as a horse you are riding. This is a lower standard than other personal injury cases where you have to prove negligence, recklessness or others. Types of fault. The damage is available or the same as other personal injury cases previously discussed. Often, a person is bitten by a dog that is owned by a family member or friend. Sometimes a person is bitten by a dog they do not know. And unless the dog owner has homeowners or renters insurance, they may not be able to recover because there's no insurance coverage available. While you may be able to get a judgment against the dog owner, the next step would be to collect upon the judgment, which can be difficult. Lots of the dog by cases that we see involve children. If a child is under the age of 18, and the settlement or judgment is for more than $25,000, then I will law requires that a conservatorship be established. A conservatorship is a legal proceeding that is designed to protect the money of a minor child. The court has to approve the proposed settlement along with money spent from the conservatorship for the minor child. We assist our dog by clients with both their personal injury case and also the legal process involved with opening and maintaining a conservatorship.