Iowa and Nebraska Dog Bite Laws: Do You Always Need to Prove Negligence?

Dog bites are traumatic events that can leave victims with serious injuries, long-term emotional distress, and significant medical bills. If you’ve been bitten by a dog in Nebraska or Iowa, understanding your legal rights is crucial. While both states offer protections to dog bite victims, there are some important differences between Nebraska and Iowa’s dog bite laws that can affect your ability to seek compensation.

In this article, we’ll compare Nebraska Revised Statute 54-601 and Iowa Code 351.28, highlighting the similarities and differences in how each state handles dog bite cases. We’ll also explore how these laws apply in cross-state incidents, common defenses dog owners may raise, and how to overcome them.

Nebraska’s Approach: Strict Liability with a Focus on Trespass and Provocation

Nebraska’s dog bite law, Nebraska Revised Statute 54-601, is based on a strict liability standard, meaning that dog owners are liable for any injuries their dogs cause, regardless of the dog’s history or the owner’s knowledge of the dog’s behavior. However, there are important nuances to Nebraska’s approach.

Strict Liability in Nebraska

Nebraska’s statute declares that dog owners are liable for any damages caused by their dogs, whether the injury results from a bite or another type of harmful behavior. The statute covers injuries to people as well as to domestic animals (like sheep or livestock).

The key provision of Nebraska law is that a dog owner is responsible for damages caused by their dog, whether or not the dog has previously shown aggressive behavior. This makes it easier for victims to hold dog owners accountable, as there’s no need to prove that the dog was dangerous or that the owner knew about the danger.

However, Nebraska law does provide a few important exceptions to this rule, particularly regarding trespassing and provocation.

Exceptions to Liability in Nebraska

1. Trespassing: If the person bitten or injured by the dog was trespassing on the dog owner’s property at the time of the attack, the dog owner is not automatically liable for the injuries. The law distinguishes between trespassers and lawful visitors. In other words, a delivery person, invited guest, or customer is protected by strict liability, but someone unlawfully on the property may face a more complicated legal battle.
2. Provocation: If the victim was provoking the dog at the time of the attack, the owner’s liability may be reduced or eliminated. Nebraska courts define provocation broadly, including acts such as teasing, hitting, or otherwise aggravating the dog. However, the defense of provocation can be challenged if the victim’s actions were unintentional or harmless.

Iowa’s Approach: Strict Liability with the Rabies and Negligence Exception

Iowa also follows a strict liability approach under Iowa Code 351.28, meaning that dog owners are responsible for damages caused by their dogs. However, Iowa’s law includes some unique exceptions that dog owners may invoke, including specific provisions for rabid dogs and unlawful acts by the victim.

Strict Liability in Iowa

Similar to Nebraska, Iowa law holds dog owners strictly liable for any damage their dog causes, regardless of whether the dog has bitten someone before or if the owner was aware of the dog’s tendencies. This applies to cases where the dog bites, attacks, or even worries or maims a person or domestic animal.

One of the main advantages for victims under Iowa law is that the owner’s knowledge of the dog’s behavior is irrelevant. Even if the dog had never shown signs of aggression, the owner is still on the hook for damages. However, Iowa’s dog bite law introduces a few specific exceptions that differentiate it from Nebraska’s approach.

Exceptions to Liability in Iowa

1. Rabid Dogs and Negligence: If the dog in question is rabid at the time of the attack, Iowa law applies a negligence standard rather than strict liability. In this case, the victim must prove that the dog owner knew or should have known that the dog was rabid and failed to take reasonable precautions to prevent the attack. This is an important distinction from Nebraska law, where rabies is not addressed in the same way.
2. Unlawful Acts: Iowa law also allows dog owners to avoid liability if the victim was engaged in an unlawful act at the time of the attack, and that unlawful act contributed to the injury. For example, if a person was trespassing or committing a crime, the owner might argue that the victim’s illegal actions provoked the dog and caused the bite.

Cross-State Incidents: What Happens When a Dog Bite Occurs Across State Lines?

In today’s world, it’s common for people to travel between states with their pets. But what happens if a dog bite occurs in one state, and the dog or its owner is from another state? This scenario can create jurisdictional complexities that may affect how the case is handled.

Jurisdictional Issues

If a dog bite occurs in Iowa but the dog and owner are from Nebraska (or vice versa), the legal process can become more complicated. Generally, the state where the bite occurred will have jurisdiction over the case, meaning that the state’s laws will apply.

• Example: If a Nebraska dog bites someone while visiting Iowa, Iowa’s strict liability law will apply, not Nebraska’s law. This is because the injury occurred in Iowa, and Iowa courts will have jurisdiction over the case.
• Similarly, if an Iowa dog bites someone in Nebraska, Nebraska’s law will apply.

Insurance Coverage Across State Lines

Many dog bite claims are resolved through the dog owner’s homeowner’s insurance or renter’s insurance. However, insurance coverage may vary depending on the state in which the policy was issued. It’s important to consult with an attorney who understands how insurance policies operate across state lines to ensure you receive the maximum compensation available.

Common Defenses and How to Overcome Them

While both Nebraska and Iowa offer strong protections for dog bite victims through their strict liability laws, dog owners and their insurance companies often raise defenses to reduce or avoid liability. Here are some common defenses used in both states and strategies to overcome them.

1. Provocation Defense

In both Nebraska and Iowa, dog owners can argue that the victim provoked the dog into attacking. Provocation can include teasing, hitting, or otherwise aggravating the dog. However, this defense can be overcome if the victim’s actions were unintentional or if the dog’s response was out of proportion to the provocation.

How to Overcome It:

• Eyewitness testimony: Gathering statements from witnesses who can testify that the victim did not provoke the dog is key.
• Video evidence: If surveillance footage or phone video exists, this can provide objective proof that the victim did nothing to provoke the attack.
• Expert testimony: A veterinary expert can testify about what constitutes reasonable provocation and whether the dog’s behavior was appropriate under the circumstances.

2. Trespassing Defense

Nebraska law, in particular, provides a defense for dog owners if the victim was trespassing at the time of the attack. The dog owner may argue that they are not responsible for injuries caused to someone who was unlawfully on their property.

How to Overcome It:

• Clarify legal status: Prove that you were not trespassing. For example, if you were delivering a package, you were legally on the property.
• Define the trespassing act: Even if the victim entered the property without permission, it may not rise to the level of trespassing that would exempt the owner from liability.

3. Unlawful Acts in Iowa

Iowa law includes a provision exempting dog owners from liability if the victim was committing an unlawful act at the time of the attack. This could include breaking into the owner’s home or engaging in other illegal activity.

How to Overcome It:

• Prove legality: Show that you were lawfully present on the property. For instance, if you were a guest or a customer, this defense won’t hold up.
• Challenge the connection: Even if the victim was engaged in unlawful behavior, the dog’s response must be proportional. Proving that the attack was out of proportion to the victim’s actions can weaken this defense.

Client Takeaway: Understanding the Key Differences Between Nebraska and Iowa Dog Bite Laws

While both Nebraska and Iowa have strict liability laws that hold dog owners accountable for the actions of their pets, there are important nuances that can affect your ability to seek compensation. Nebraska’s law focuses on exceptions like trespassing and provocation, while Iowa’s law introduces the rabies and negligence exception as well as exemptions for victims committing unlawful acts.

If you’ve been bitten by a dog in Nebraska or Iowa, understanding these differences is essential to building a strong legal case. At Ironclad Injury Law, we specialize in helping victims navigate the complexities of dog bite laws in both states. Whether you were attacked in Nebraska or Iowa, our experienced attorneys will fight to ensure you receive the compensation you deserve.

Contact Ironclad Injury Law today for a free consultation, and let us help you understand your legal rights and overcome any defenses that may be raised.

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