Iowa Dog Bite Accident Attorneys

Iowa Dog Bite Lawyer: Your Guide to Iowa Dog Bite Laws and Expert Legal Advice

Dog bites are a common yet serious issue that can lead to significant injuries and lasting emotional trauma. According to dog bite statistics from authoritative sources like the CDC, thousands of people are bitten by dogs each year, highlighting the frequency and potential severity of these incidents. In Iowa, as in many other states, victims of dog bites have the right to pursue compensation for their injuries.

If you’ve been bitten by a dog in Iowa, it’s essential to understand your rights and how an experienced Iowa dog bite lawyer can help you get the fair compensation you deserve. Dog bite injuries can range from minor scratches to serious injuries such as severe wounds, permanent disability, or even lifelong damage. In serious cases, the psychological and emotional effects of a dog bite can be just as devastating as the physical injuries.

Typically, any kind of permanent injury should be discussed with a skilled trial lawyer.

What to Do After a Dog Bite in Iowa

If a dog has bitten you, it’s crucial to take the right steps to protect your health and your legal rights. Disease control is essential after a dog bite to prevent the spread of serious diseases like rabies, as recommended by organizations such as the CDC.

Recognizing warning signs of aggressive behavior in dogs can also help prevent bites before they occur.

1. Seek Medical Attention

Even if the bite seems minor, it’s important to seek medical attention immediately. Dog bites can cause infections, and in some cases, rabies. If the bite is from a rabid dog, there are additional legal and medical considerations, as these cases often involve more complex liability issues and require urgent treatment.

Getting checked out by a healthcare provider can also help document the injury for future legal claims.  If you do not go to the doctor, the insurance carrier will likely not take your claim seriously.

2. Document the Incident

Gather as much information as you can about the incident. This includes:

• Taking photos of your injuries. (Be considerate of what is seen in the background, as these photos will likely be viewed by more than just your lawyer.)
• Recording the location where the bite occurred, including who owned the residence or establishment.
• Collecting contact information for any witnesses.
• Getting the dog’s owner’s details, including their name, address, and insurance information. If the dog is an untagged dog, it can be challenging to identify the animal, which is important for legal liability and ensuring compliance with dog identification laws.

3. Report the Dog Attack

In Iowa, you are required to report a dog bite to your local health department or animal control. This helps track dangerous dogs and ensures that proper precautions, such as quarantine for rabies testing, are taken.  If you do not know where to start, call the local police.  Do not hesitate to call 911 for any serious dog bite warranting emergency care. 

4. Avoid Talking to Insurance Companies

Insurance companies may contact you soon after the incident, even offering low settlements or trying to minimize the severity of your injuries. Before speaking with them, it’s wise to consult with a lawyer to ensure your rights are protected.  Until you talk to a lawyer, you can simply inform them that you are focused on healing and do not wish to speak right now.  

Iowa Dog Bite Laws

Iowa’s dog bite laws, as outlined in Iowa Code section 351.28, set clear guidelines for liability when a dog bite occurs. Iowa is a strict liability state, meaning that under Iowa’s laws, dog owners are automatically responsible for injuries caused by their dogs, regardless of the dog’s past behavior or the owner’s negligence, unless the dog was rabid. Understanding dog ownership in Iowa is crucial, as Iowa’s dog bite laws apply directly to Iowa’s dog owners and establish specific responsibilities and liabilities.

Knowing these laws can help protect victims’ rights and ensure that dog owners are held accountable when their pets cause harm.

Iowa’s Liability Laws for Dog Bites

In Iowa, dog bite victims are usually protected by strict liability laws. This means that the dog’s owner is strictly liable for injuries caused by the dog’s actions, regardless of whether the dog had previously shown aggressive behavior or whether the owner knew the dog was dangerous. It is simply part of the ownership of a dog; owners are responsible and can be held liable for damages.

The only exception to this strict liability is when the victim was trespassing, committing unlawful acts, or if the victim provoked the dog. In these cases, the dog’s owner may not be held liable if it is shown that the victim provoked the dog or was engaged in unlawful acts at the time of the incident.

In addition to strict liability, there may be other claims to consider, including a dog “fright” case. For example, you are running from an attacking dog that chases you into traffic, and you are hit by a car.

Who Is Responsible for a Dog Bite?

In Iowa, the dog owner is typically the person responsible for a dog bite. However, it is crucial to identify the appropriate parties and all parties responsible for a dog bite incident to ensure proper compensation for the victim. Other parties may also be liable in certain situations:

• Landlords: If a dog resides on a rental property and causes a bite, the landlord may be held responsible if they knew about the dog’s dangerous nature.  These are not necessarily easy cases and will depend on the facts.
• Caregivers or Dog Sitters: If a dog sitter or caregiver is responsible for the dog at the time of the bite, they may also share responsibility.
• Any other person who has assumed responsibility for controlling and containing the dog.

Common Injuries from Dog Bites

Dog bites can cause various injuries, ranging from minor to severe. Not all dog bites result in serious damage, but biting incidents can cause a range of injuries, from superficial wounds to life-altering harm. Understanding these injuries can help you know what to expect if you or a loved one is bitten by a dog.

Physical Injuries

• Puncture Wounds: Dog teeth can easily puncture the skin, leading to deep, sometimes dangerous wounds.
• Infections: Dog bites are notorious for introducing bacteria into the body, which can lead to infections such as cellulitis or staph infections.
• Scarring and Disfigurement: Severe bites can leave permanent scars or cause disfigurement, especially if the bite affects the face, hands, or neck.
• Nerve Damage: In some cases, a dog bite can cause nerve damage, leading to numbness, tingling, or long-term mobility issues.
• Dogs can cause a person to fall or be injured by other nearby objects, but if the dog caused the injury to occur in the first place, the owner may be responsible.   

Emotional and Psychological Effects

In addition to physical injuries, dog bites can leave lasting emotional and psychological scars. Victims may develop post-traumatic stress disorder (PTSD), especially if the dog attack was severe or if the victim was a child. Many dog bite victims also develop a phobia of dogs, which can affect their daily lives.

If you have been bitten or someone you love has, you should consider getting treatment from a competent counselor.  Dogs are everywhere, and to live in fear of them can be debilitating. 

How an Iowa Dog Bite Injury Lawyer Can Help You

Navigating a dog bite case can be complicated, but a skilled Iowa dog bite lawyer can help you understand your rights and ensure you receive proper compensation for your injuries. Personal injury attorneys have the expertise to help a dog bite victim pursue compensation and navigate the legal process. Here’s how a lawyer can help:

Why Hire a Dog Bite Lawyer?

• Expert Knowledge of Iowa Law: A lawyer who has specifically handled dog bite cases will have an in-depth understanding of Iowa’s laws and how to apply them to your case.  At RSH Legal, we have handled dozens of dog bite cases, including those that have gone to trial.   
• Insurance Negotiation: Lawyers are skilled at negotiating with insurance companies, ensuring you don’t settle for less than you deserve.  Insurance companies respect law firms that have a good reputation and have extensive trial experience. 
• Court Representation: If your case goes to court, a lawyer can represent you and advocate for your best interests.

How to Choose the Right Dog Bite Lawyer in Iowa

• Experience: Look for a lawyer who has experience handling dog bite cases and personal injury claims.  Make sure they take cases to trial and have successful verdicts.  
• Reputation: Check client reviews, case results, and testimonials to find a lawyer with a solid reputation.
• Free Consultation: Many personal injury lawyers offer free consultations. Use this opportunity to ask questions and determine if they’re a good fit for your case.

How Much Is My Dog Bite Case Worth?

The value of a dog bite case depends on several factors, including the severity of your injuries, your medical expenses, and how the bite has affected your life. Significant dog bite injuries can be worth significant money.  Smaller injuries are simply worth less, but that does not mean they do not have value.  Each case must be looked at individually. 

Factors That Affect Your Settlement

• Medical Costs: Compensation will include medical bills for both immediate and long-term treatment.
• Pain and Suffering: You may be entitled to damages for the physical pain and emotional distress caused by the dog bite.
• Lost Wages: If you missed work due to your injuries, you can seek compensation for lost income.
• Permanent Disabilities: If the injury causes long-term physical or emotional issues, this will be considered when determining compensation.  This includes scarring. 

Settlements vs. Verdicts in Iowa Dog Bite Cases

When pursuing a dog bite claim in Iowa, you’ll need to decide whether to accept a settlement or go to trial for a verdict. Both options have pros and cons, so understanding the differences can help you make the best choice.

Settlements

A settlement is an agreement between you and the defendant (or their insurance company) to resolve the case without a trial.  You should never settle a case without first talking to a lawyer.  Here are some general comparisons between settlement and trial that must be factored in, but there is no way to know which route you should go until everything has been considered by you and your attorney. 

• Pros of Settling:
  • Faster Resolution: Settling typically takes less time than going to trial, providing quicker access to compensation.
  • Certainty: The outcome is known right away, giving you more control over the process.
  • Lower Costs: Settling avoids costly trial expenses like court fees and expert witness costs.
  • Privacy: Settlements are often confidential, so the details of your case remain private.
• Cons of Settling:
  • Lower Compensation: Insurance companies often offer less money in settlements than what you might receive in a trial, but this can depend on the law firm you hire and the facts of your case. 
  • Less Public Accountability: Settlements avoid the public attention a trial could bring, meaning the dog owner may not face as many consequences for their actions.

Verdicts

A verdict is the decision made by a judge or jury in court after hearing all the evidence.

• Pros of a Verdict:
  • Potential for Higher Compensation: Trials can lead to larger payouts for pain and suffering, future medical costs, and more.
  • Public Accountability: A verdict holds the dog owner publicly responsible for their actions.
• Cons of a Verdict:
  • Uncertainty: There’s no guarantee of winning or getting the full amount you seek.  Every trial has risk. 
  • Longer Process: Trials can take months or even years, delaying your compensation.
  • Higher Legal Costs: Trials are expensive due to court fees, expert witnesses, and other legal expenses.

Statute of Limitations in Iowa Dog Bite Cases

In Iowa, the Iowa dog bite statute of limitations refers to the time limit you must file a lawsuit after a dog bite incident. For personal injury cases, including dog bites, Iowa law typically allows two years from the date of the injury to take legal action. This means that if you’ve been bitten by a dog in Iowa, you must file your lawsuit within two years of the incident, or you may lose the right to seek compensation for your injuries.

You NEVER want to wait until close to the 2-year limit if you can avoid it. 

Why the Statute of Limitations Matters

The statute of limitations is designed to ensure that cases are resolved while evidence is still fresh and witnesses are available. If too much time passes, it becomes harder to gather reliable evidence or to find people who remember the details of the incident.

The two-year period is intended to strike a balance, allowing enough time for the injured party to recover, consult with an attorney, and decide if they wish to pursue a lawsuit, while also protecting defendants from facing indefinite threats of legal action.

Exceptions to the Two-Year Rule

While the general rule is two years, there are certain exceptions where the statute of limitations may be extended:

• Minor Victims: If a child is bitten by a dog, the statute of limitations may be extended until the child reaches the age of 18. This allows minors more time to file a lawsuit.
• Much more rarely applied is the Discovery Rule: In some cases, the statute of limitations may begin from the time the injury is discovered, rather than the date of the incident itself. This could apply if the dog bite causes delayed symptoms or complications that weren’t immediately noticeable.   Whether this is available to you will require detailed analysis. 

If you’ve been bitten by a dog in Iowa, it’s important to consult with an experienced personal injury attorney as soon as possible to ensure you meet the deadlines and protect your right to compensation.

Frequently Asked Questions about Iowa Dog Bites

Q. Do I Need to Prove Negligence to Win My Dog Bite Case?

A. In Iowa, you generally don’t need to prove negligence in most dog bite cases because the state follows a strict liability rule. The dog owner is typically responsible for any injuries caused by their dog.

Q. Can I Sue if the Dog That Bit Me Was on a Leash?

A. Yes. Even if the dog was on a leash, the owner can still be held responsible if the dog bit someone without provocation. The leash does not absolve the owner from liability.

Q. How Long Do I Have to File a Dog Bite Lawsuit in Iowa?

A. In Iowa, you generally have two years from the date of the dog bite to file a lawsuit. If you wait too long, you may lose your right to sue.

Q. Can I Get Compensation if I Was Partly Responsible for the Dog Bite Incident?

A. This can depend on the facts.  Iowa generally uses a comparative fault rule in negligence cases, but not in strict liability cases.  So typically, your “fault” is not considered.  

However, there are exceptions to this strict liability: 

• Trespassing: If the injured person was trespassing on the owner’s property at the time of the bite, the owner might not be liable.
• Provocation: If the injured person provoked or intentionally antagonized the dog, the owner may avoid liability. This could include teasing, hitting, or otherwise agitating the domestic animal.
• Unlawful Act: The owner may not be liable if the injured person was committing an unlawful act, like breaking into the owner’s home, which directly contributed to their injury.

Q. What Should I Do if I’m Bitten by a Dog While Visiting Someone Else’s Home?

A. If you’re bitten by a dog while visiting someone’s home, report the bite, seek medical care, and gather information from the dog owner and any witnesses. You may still be able to pursue compensation for your injuries.  From a legal perspective, treat this just like a stranger’s dog attacked you. 

Contact an Iowa Dog Bite Lawyer Today

If you or a loved one has been bitten by a dog in Iowa, it’s essential to contact an experienced dog bite lawyer as soon as possible. A lawyer can help you understand your rights, navigate the legal process, and fight for the compensation you deserve. At RSH Legal, we have the experience and knowledge to handle your dog bite case and fight for fairness for you.

Call us today for a free case consultation!

Tim Semelroth

Board-Certified Trial Attorney

Pressley Henningsen

AV-Rated Trial Attorney