Dog bites can be both physically and emotionally scarring. Whether it’s a child bitten while playing outside, or an adult attacked while out for a walk, the trauma and consequences can be long-lasting. In Iowa, victims of dog bites are protected under a strict liability law, which means that dog owners are held accountable for injuries their dogs cause, regardless of whether the dog has a history of aggression.
This article will break down Iowa’s dog bite law, how strict liability works in the state, and what victims need to know to protect their rights. If you’ve been bitten by a dog in Iowa, you’ll learn what steps to take, what types of compensation you may be entitled to, and why having a skilled attorney by your side is essential.
Iowa is one of the few states with a strict liability dog bite law. According to Iowa Code 351.28, dog owners are liable for damages if their dog bites, attacks, worries, maims, or kills someone. This law applies whether or not the dog has previously bitten someone or shown any signs of aggression.
In short, if a dog bites you in Iowa, the owner is automatically responsible for any injuries and damages caused, without the need for you to prove that the dog was dangerous or that the owner was negligent.
Here are the key points of the law:
Iowa’s strict liability law is a powerful tool for victims because it removes many of the barriers that often make personal injury cases difficult to win. However, understanding the nuances of the law and knowing how to present your case are critical to securing the compensation you deserve.
Iowa’s dog bite law is designed to protect victims and hold dog owners accountable. Here are some of the key elements of Iowa Code 351.28 that every dog bite victim should know:
The biggest advantage of Iowa’s dog bite law for victims is that it operates under the principle of strict liability. This means that the dog owner is automatically responsible for any injuries caused by their dog, even if the dog had no history of aggressive behavior or had never bitten anyone before.
This is a significant departure from common law, where dog bite victims typically have to prove that the owner knew (or should have known) that the dog was dangerous. In Iowa, you don’t have to prove negligence or prior knowledge of the dog’s dangerous tendencies. The fact that the dog bit you is enough to establish the owner’s liability.
Iowa’s law doesn’t just apply to cases where a dog bites someone. The law also covers cases where a dog:
This means that even if the dog doesn’t bite you directly but causes injury by knocking you down or otherwise attacking you, the owner may still be liable for your injuries.
While Iowa’s dog bite law is favorable to victims, there are some exceptions where the owner may not be held liable:
These exceptions are rare, but it’s important to understand that they exist. Most dog bite cases in Iowa will fall under the state’s strict liability rule, but there are scenarios where the owner’s liability may be limited or negated.
If you’ve been bitten by a dog in Iowa, it’s critical to take immediate action to protect your health and your legal rights. Here are the key steps you should take:
Dog bites can cause serious injuries, including puncture wounds, infections, and permanent scarring. It’s essential to seek medical attention as soon as possible, even if the bite seems minor. Dog bites can introduce bacteria into the body, which can lead to infections like rabies or tetanus.
Getting medical attention not only protects your health but also establishes a medical record of your injuries, which will be important if you decide to pursue a legal claim.
Report the dog bite to your local authorities or animal control. This is a crucial step in creating an official record of the attack, which can support your legal case. When you report the bite, animal control will investigate the incident, check the dog’s vaccination history, and take steps to ensure that the dog doesn’t pose a future threat.
Gather as much evidence as possible about the incident. Take photos of your injuries, the location where the bite occurred, and any damage caused by the dog (e.g., torn clothing). If there were any witnesses to the attack, collect their contact information and ask them to provide a statement about what they saw.
The more evidence you can gather, the stronger your case will be when it comes time to negotiate with the dog owner’s insurance company or file a lawsuit.
Make sure you know who owns the dog that bit you. If the dog was roaming off-leash or running at large, try to get a description of the dog and any identifying information (such as collar tags or a photograph). If the dog was out of control or unsupervised, this could further strengthen your case.
While Iowa’s dog bite law is favorable to victims, navigating the legal process can still be challenging. Insurance companies may try to minimize your injuries or offer a lowball settlement. An experienced dog bite attorney can help you understand your rights, gather evidence, and negotiate with the insurance company to ensure that you receive the compensation you deserve.
Victims of dog bites in Iowa are entitled to recover a wide range of damages, depending on the severity of their injuries. Here are some of the damages you may be able to recover:
Dog bite injuries often require immediate and ongoing medical care, including emergency room visits, stitches, antibiotics, and in some cases, plastic surgery. Victims can seek compensation for both past and future medical expenses, including:
If your injuries prevent you from working, you can seek compensation for lost wages. This includes not only the time you missed from work but also any future loss of income if your injuries result in a long-term disability or reduced ability to work.
Dog bites can cause severe physical pain and emotional trauma. Victims are entitled to compensation for pain and suffering, which may include physical discomfort, emotional distress, anxiety, and loss of enjoyment of life. This is especially true in cases where the victim is left with permanent scarring or disfigurement.
If the dog damaged your property during the attack (e.g., ripped clothing or damaged personal belongings), you may be able to recover compensation for the cost of repairs or replacements.
While Iowa’s strict liability dog bite law makes it easier for victims to seek compensation, dog owners and their insurance companies may still try to raise defenses to reduce or eliminate their liability. Here are some common defenses and how a skilled attorney can help you overcome them:
As mentioned earlier, dog owners may try to argue that you were committing an unlawful act at the time of the attack, such as trespassing or provoking the dog. In these cases, the dog owner may not be liable for your injuries.
Your attorney will work to prove that you were legally allowed to be on the property and were not engaging in any unlawful behavior. Even if you were on the property without permission, your attorney can argue that the dog owner still had a duty to prevent their dog from causing harm.
Dog owners may claim that the bite occurred because you provoked the dog by teasing, harassing, or injuring it. Under Iowa law, provocation can be a valid defense if the owner can prove that your actions directly led to the bite.
Your attorney will gather evidence, including witness statements and expert testimony, to show that the dog was unprovoked and that you did not act in a way that would justify the attack.
While Iowa’s dog bite law is designed to protect victims, dealing with insurance companies and navigating the legal system can be overwhelming. Hiring a personal injury attorney who specializes in dog bite cases can make all the difference in securing the compensation you deserve.
An attorney can:
Iowa’s strict liability dog bite law makes it easier for victims to seek compensation without needing to prove that the dog’s owner was negligent. However, navigating the legal process and dealing with defenses from the dog owner or their insurance company can be complex.
If you’ve been bitten by a dog in Iowa, Ironclad Injury Law is here to help. We specialize in representing dog bite victims and will fight to ensure that you receive the full compensation you’re entitled to for your injuries. Contact us today for a free consultation, and let us help you navigate the legal process with confidence.
