Summary of Iowa’s Dog Bite Laws
Iowa’s dog bite laws are found in Chapter 351 of the Iowa Code, which is titled "Dogs and Cats." This section of the Code lays out a litany of statutes that define a dog owner’s duties, liability for harm caused by their dog, and any exceptions to the duty. Chapter 351 also addresses when and how the state may punish a dog or its owner for encroachments into the public space, such as dangerous or unwanted behaviors like bites or barking.
The most important of these statutes for dog owners are Iowa Code §351.28, §351.29, and §351.30. All three of these sections create a framework by which any party acting in response to damage from a dog can evaluate its legal standing against the dog’s owner. Under Iowa law, only the owner or keeper of a dog is liable for damage caused by the dog. The statute provides for strict liability under §§351.28, .29 and .30, and will not entertain dueling perspectives between plaintiff and defendant about whether the dog really acted as alleged. The only real way to defend against such liability is by showing that the dog was acting at that moment in a manner that the owner could not have controlled the dog, as laid out in §351.31.
But §351.31 itself contains another defense against liability in the form of the injured person’s own negligence. If it can be shown that the plaintiff provoked the dog, was stealing the dog’s stuff, or was picking a fight with the dog’s owner, the defendant dog owner is not liable. Iowa Code §§351.28 , .29, .30, and .31 are all about strict liability, however, and how courts in this state and elsewhere may interpret those statutes in light of common law defenses like self-defense, duress, provocation, and other causes of action.
The exceptions to dog bite liability are defined in Iowa Code §351.35. The critical take away from this section of dog bite law is the lack of a statute of limitations on dog bites. Under Iowa law, the time limit in which to sue someone for harm from dog bite injuries does not begin to run until the injured party discovers the injuries. Under penalty of losing the right to sue later, a dog owner in Iowa, or anyone nearby, should always get medical treatment as soon as possible when bitten by a dog.
The difference between strict liability and negligence arises. While strict liability gives the injured party absolute liability on the defendant’s part, negligence claims require some evidence of an owner’s improper actions to bring liability into play. An owner can defend against negligence claims, but not strict liability claims. If the injured party is being medically treated immediately after a dog bite, it is more likely than not that the dog owner will already be liable for the injury. But if the injured party does not seek medical treatment until weeks or months after the bite occurred, then the longer those injuries have gone untreated, the harder it is to retain the right to sue the dog owner in court.
Strict Liability: When A Dog Owner is Liable
The most straightforward situation for an injured party in an Iowa dog bite case is when the dog owner is automatically liable. In Iowa, these rules fall under the theory of strict liability. (Iowa Code Section 351.28.) Here are the situations in which a dog owner will obviously have strict liability. The first involves dogs that have already caused an injury before… The dog owner must compensate the injured party if the dog has previously "been found vicious and the owner has had notice of the vicious propensity of the dog and has negligently permitted the dog to run at large or to be in charge of an incompetent person." This means the dog has already been identified as having dangerous or aggressive tendencies after a prior incident with a person. A dog that has been dangerous before? You bet the dog’s owner will have to pay. Another strict liability situation happens when a dog is running loose… The dog owner will have to compensate the injured party if the injured party proves that the dog "ran at" the injured party, without cause, while the injured party was "traveling on a public road or a common fence-line," and the injured party sustained injuries as a result. (Caught without your dog leash? It can cost you.) Also, the dog owner will have to pay if "the animal has bitten a person without provocation… and the owner knowingly permits the animal to run at large" without a muzzle or other adequate confinement. Yes, this is the "my dog won’t bite" exception… and no, it won’t save you from paying for injuries caused by your dog. As you can see, whoever owns the leash is likely to have strict liability for the injuries caused by that very animal. But there are yet more likely scenarios where a dog owner is strictly liable for injuries caused by their animal – not necessarily caused by a bite. We’ll discuss those next – if you’re itching for more information on dog bite law – turn the page here.
Potential Defenses For Iowa Dog Owners
An interesting defense available to dog owners in Iowa is that the plaintiff, or person who is bitten, was provoked. There have been cases where a child has been bitten by the dog because they were pulling its ears or tail or otherwise teasing it. In these situations, the court may find that the dog owner is not responsible for the injury. In Iowa, the exceptions to a dog owner being responsible for damages when a dog bites a person include that provocation of the animal occurred which contributed to the injury or damage, that the injured party was trespassing at the time of the injury, or that the owner of the animal did not know that the animal had "dangerous propensities abnormal to the class of animals to which it belongs".
And the injured person must not have been trespassing at the place where the accident or injury occurred. The above-mentioned defenses are sufficient to avoid liability, as long as the defendant can demonstrate that the plaintiff’s own actions caused the plaintiff’s injury or damage.
Legal Process for Iowa Dog Bite Claims
Immediately following a dog bite in Iowa, the first and most sensible course of action for a victim is to seek medical attention. A doctor will be able to determine the severity of the injuries and administer appropriate treatment.
In addition to the importance of medical records for victim support, it’s important to document all injuries, even minor scratches or bruises with photographs or other recordings as soon as possible. Bites, scratches, and bruises can heal quickly, and a clear photographic record of an injury will protect a victim against any potential future challenges their account of the injury may face.
Legally speaking, a victim of a dog bite is under no obligation to inform the authorities or the owner of the animal unless they specifically request it. However, there are benefits to report the incident to the local animal control department, especially in cases of serious bites. This legal requirement satisfies the investigation needed to show whether the owner of the dog acted in a negligent manner, which is the basis of many dog bite lawsuits.
A victim should call the local animal control department, sheriff’s department, or police department to report the incident and ask that an officer assess the situation. An officer may then file an animal bite report requesting facts about the animal and the circumstances of the incident.
Finally, a victim should consult with a dog bite lawyer as soon as possible who will be able to present them with options and qualifications for filing a personal injury lawsuit.
Can You Recover for Your Dog Bite Injury?
When a dog bite occurs, it can have serious, lasting effects on the victim. In addition to the physical pain that may accompany an animal attack, there may also be psychological trauma that leaves a permanent mark on the victim’s psyche. Fortunately, there are types of compensation available for dog bite victims in Iowa as a means of rectifying the situation, both for the victim and his or her family. An experienced personal injury attorney will be most helpful for determining what types of damages might be available in any given dog bite case.
The most common form of monetary recovery comes in the way of medical expenses. Even though you may have health insurance to offset some of the costs of a dog bite injury, the expenses might outweigh your coverage, particularly if there is a prolonged recovery period and extensive rehabilitation needed. The owner of the dog that bit you should be responsible for the medical expenses accrued as they relate to the incident . For a more severe injury, such as one that required significant medical intervention and left you with permanent scarring or another lasting physical issue, additional damages may be available.
This is referred to as the pain and suffering segment of recovery, and is a subjective measurement of the physical and mental pain endured by the victim due to the dog bite incident. It can be challenging to determine how much compensation is appropriate for a situation involving pain and suffering, but your personal injury attorney should be familiar with the process and provide sound advice on how to pursue these damages necessary to maintain a reasonable quality of life.
Lost wages can also factor into your case. If you were bitten by a dog and unable to work for a period of time, you should be compensated for those lost days. A calculation can be made by your attorney on how damaged teeth are repaired and salaries that are lost due to missed days of work. In addition to these two areas, there are other forms of damages that are available for dog bite victims, although the details of each case will affect what compensation can be pursued.
The Role of Insurance in Iowa Dog Bite Claims
Insurance often plays a significant role in dog bite incidents in the state of Iowa. Most homeowners’ and renters’ insurance policies that are active on the date a dog bite occurs will provide coverage to people bitten by a covered dog. In addition, the dog owner’s own policies would provide coverage should a person be bitten by a dog on the owner’s premises. Finally, where a business or third-party property owner has hired a dog as part of its security services and that dog injures a member of the public, that entity’s liability policy may prove to be the primary source of compensation for the injury.
Iowa dog bite victims should be aware that household policies covering dog bites have various policy limits and should include qualified legal counsel that can review the insurance documents and determine what benefits are available given the client’s individual case.
In the event a dog is on the premises of a non-owner, that individual’s policy of insurance (whether homeowners or renters) will generally be considered primary and applicable.
If the dog’s owner has a policy of insurance that provides coverage to a victim, that policy will likely be considered excess and only primary if the policies are for the same amount and it is impossible to determine which policy was in force at the time of the incident.
If a dog that does not belong to the victim gets loose on a property that is open to the public and injures a member of the public (For example, a dog at a vet’s office that bites an employee), the injured party may pursue the property owner to recoup medical expenses. Because dog bites can lead to significant costs, victims of dog bites should work with experienced legal counsel that can explain the ins and outs of the process.
Key Iowa Case Law Affecting Dog Bite Claims
Beyond statutory laws, Iowa courts have decided cases establishing important legal precedents that impact dog bite liability. In 1875, the Iowa Supreme Court handed down a key decision on animal attack liability and injuries. The case of McPhee v. Avery made it clear that dog owners owe a duty to the public and other pets to keep their animals from acting aggressively toward others. In this case, the Court stated, "All do so at their peril. If their dogs do mischief, they must answer in damages." In this case a man’s cows were rounded up by dogs , a bull in one of the cows head and the cows died as a result of their injuries sustained during the roundup. The court said the owner of the dogs was responsible. The 1991 case of Rattner v. Acord established precedent concerning how courts should award damages in instances where the laws of strict liability are proven (owner knew or should have known that the dog would attack someone). The Court ruled there must be an analysis balancing the owner’s rights with the rights of the injured party. Burden of proof is an important concept in Iowa dog attack lawsuits, and has been set by a number of cases. The injured party has the burden to establish the defendant’s knowledge of the dangerous proclivity of the dog – and any "flaws in the management" of the dog, as stated by the Iowa Supreme Court in 1997.