Iowa Dog Bite Lawyer — Free Consultation
Strict Liability State
Iowa is unusually claimant-friendly: contributory negligence is not a defense to the statutory claim, and the only escapes are an unlawful act by the victim or a rabid dog.
Your Rights After a Dog Bite in Iowa
If a dog bit you in Iowa, the statute is about as favourable as they come. Iowa Code § 351.28 makes the owner liable for all damages done by a dog that is attacking or attempting to bite a person, with no need to prove the dog had bitten before or that the owner knew anything about it.
What distinguishes Iowa is not the liability rule but the defense list. Iowa courts have held that contributory negligence is not a defense to a § 351.28 claim. The arguments insurers rely on almost everywhere else — you approached the dog, you should have been more careful, you provoked it — do not operate the same way here.
The statutory escapes are narrow and specific. The injured person was doing an unlawful act that directly contributed to the injury, or the dog was afflicted with rabies without the owner's knowledge. That second one is genuinely rare across American dog bite statutes.
The statute is also broader than a bite-only rule. It reaches a dog 'attacking or attempting to bite a person,' so an injury from an attempted bite — a fall while backing away — is inside it. And it separately covers a dog worrying, maiming or killing a domestic animal, which makes a claim for an attack on your pet unusually straightforward.
Where an Iowa attorney adds value is often in correcting the standard being applied. An adjuster leaning on provocation or general carelessness in an Iowa claim may simply be using the wrong test, and knowing that changes the negotiation.
Fees are contingency, nothing upfront, commonly around a third of any recovery, and typically nothing owed if there is no recovery.
Some bites do not need a lawyer. What changes it here: an insurer arguing you were partly to blame, since that may not be a defense at all; any injury requiring surgery or leaving a scar; a child victim; a denied claim; a claim against a landlord, since that one does run on ordinary comparative fault; and any government defendant.
The evidence that decides an Iowa claim: photographs of the wound over time, the animal control report, whether the dog was attacking or attempting to bite, the owner's insurance details including any breed exclusion, witness contacts, and the complete medical record. Iowa also requires physicians to report dog bites, so a treated bite generates an official record regardless.
5 questions a Iowa attorney will ask you
Answer these to see which factors strengthen or complicate a claim under Iowa law.
Question 1 of 5
Were you doing anything unlawful when it happened?
This is Iowa's principal statutory escape — and it requires actual unlawful conduct, not mere carelessness.
Iowa Dog Bite Laws
The statutory language is broad on liability and narrow on defenses, which is an unusual combination. The owner is liable for all damages done by the dog, and the exception is confined to unlawful conduct by the injured person that directly contributed to the harm.
Full breakdown of the statute, comparative negligence rules, and exceptions: Iowa Dog Bite Laws →
What Compensation Can You Recover?
Economic damages are the documented losses: emergency and follow-up treatment, rabies post-exposure prophylaxis, reconstructive and revision surgery, physical therapy, lost wages, and the projected cost of future care.
Non-economic damages cover pain and suffering, emotional distress, and permanent scarring or disfigurement. Iowa caps non-economic damages in medical malpractice actions only, so an ordinary dog bite claim is not statutorily limited.
The structural advantage is that these damages are not reduced by your own carelessness. Because contributory negligence is not a defense to the § 351.28 claim, the comparative reductions that trim awards in most states do not apply — which makes an Iowa claim worth more than a comparable claim in a modified comparative state.
A child's claim carries the usual premium for facial or hand scarring that may require revision surgery, and Iowa Code § 614.8 tolls the two-year limitations period during minority. The absence of a contributory negligence defense is particularly valuable for child claims, where an insurer would otherwise argue the child's own behaviour contributed.
See typical dollar ranges: Iowa Settlement Amounts →
Steps to Take After a Dog Bite
Iowa's first steps are the familiar ones, with one point worth knowing that changes how you deal with an insurer. Get medical care the same day — bite wounds carry a real infection risk from Pasteurella and Capnocytophaga, and Iowa requires physicians to report dog bites to animal control, so treatment also generates an official record. Get the owner's name, address, phone and insurance details, and ask specifically whether their policy excludes the dog's breed, since Iowa neither preempts breed ordinances nor restricts breed-based underwriting. Report the bite yourself in addition to any physician report — in Des Moines that means Animal Care Services within the Police Department, reachable on (515) 283-4811 — so the file reflects your account rather than only the clinical facts. Photograph the wound immediately and through healing, plus the location. And know this before you speak to an adjuster: Iowa courts have held that contributory negligence is not a defense to a § 351.28 claim, so an insurer arguing that you approached the dog or should have been more careful may be applying a standard Iowa law does not recognise here. The statutory escape is narrower — an unlawful act that directly contributed to the injury.
What happens after a dog bite in Iowa
Most claims move through the same six stages. Timings vary — these are typical, not guaranteed.
The bite
Day 0Get the owner's name, address, phone and insurance details before leaving if you safely can, and photograph the scene — in Iowa that includes any posted signage, not just the wound.
Medical treatment
Same dayDog bites carry a real infection risk from bacteria like Pasteurella and Capnocytophaga. A same-day record also becomes the document every later stage of the claim rests on.
Report & evidence
Days 1–7Report to animal control, which starts the rabies observation period and creates a timestamped official record independent of the owner. Photograph the wound again as it heals, and collect witness contacts.
Insurance claim
Weeks 1–8Most claims are paid by the owner's homeowners or renters policy. Adjusters typically call early to request a recorded statement — their job is to limit the payout, so it's worth getting advice before you're on record.
Attorney consultation
Any time — freeConsultations are free and contingency-based, so cost is rarely the deciding factor. Most attorneys will tell you plainly if a claim is simple enough to handle alone.
Settlement or lawsuit
Before the 2- years from the date of the bite deadlineMost claims settle without a lawsuit. If yours doesn't, Iowa requires suit within 2 years from the date of the bite (Iowa Code § 614.1(2)) — and an attorney generally won't settle before your treatment reaches maximum medical improvement.
Statute of Limitations
Iowa allows two years from the date of the bite under Iowa Code § 614.1(2), covering both the § 351.28 statutory claim and any parallel negligence theory such as a claim against a landlord. A wrongful death claim also runs two years, measured from the date of death rather than the date of the attack where those differ. For a minor, § 614.8 tolls the limitations period during minority, so the two years generally begins when the child turns 18. Government claims follow separate tracks with their own procedures and limits: the Iowa Tort Claims Act in Chapter 669 governs claims against the State, and Chapter 670 governs municipal liability. A bite involving a police K-9, a municipal animal, or an incident on public property should be assessed against those chapters early, because the requirements differ from an ordinary claim against a private owner. One Iowa-specific note on timing: because contributory negligence is not a defense to the statutory claim, the usual pressure to lock down evidence about your own conduct is lower here than in most states — but evidence about what the dog did, and whether it was attacking or attempting to bite, still matters and still degrades.
Full breakdown of the statute, its exceptions, and how shared fault is handled: Iowa dog bite laws →
Find a Dog Bite Lawyer Near You in Iowa
Iowa dog bite questions, answered
The questions Iowa readers ask most often. General information, not legal advice.
Is Iowa a strict liability state for dog bites?
Yes, and an unusually strong one. Iowa Code § 351.28 makes the owner liable for all damages done by the dog when it is attacking or attempting to bite a person, with no need to prove the dog had bitten before or that the owner knew it was dangerous.
Can the owner argue I was partly to blame?
Not in the way they could almost anywhere else. Iowa courts have held that contributory negligence is not a defense to a strict liability claim under § 351.28. The statutory escape is narrower and more specific: the injured person must have been doing an unlawful act that directly contributed to the injury. If an adjuster is leaning on ordinary provocation or carelessness, that is worth a second opinion.
What are the actual defenses under Iowa's dog bite statute?
Two. The person damaged was doing an unlawful act that directly contributed to the injury, or the dog was afflicted with rabies without the owner's knowledge. The rabies carve-out is genuinely unusual — very few state statutes contain one.
Does the statute cover injuries other than bites?
It covers a dog "attacking or attempting to bite a person," so an injury caused by an attempted bite — a fall while backing away, for example — falls inside it. The statute also separately covers a dog worrying, maiming or killing a domestic animal, which reaches injury to a pet.
How long do I have to file in Iowa?
Two years from the date of the bite under Iowa Code § 614.1(2), with the same period applying to a wrongful death claim measured from the date of death. For a minor, § 614.8 tolls the period until they turn 18.
Do I have to report a dog bite in Iowa?
Iowa requires physicians to report dog bites to animal control authorities, so a bite that receives medical attention will generally be reported regardless. In Des Moines, Animal Care Services operates within the Police Department and responds to reports of dangerous animals, bites and attacks.
Can an Iowa city ban a dog by breed?
Yes. Iowa has no statewide preemption of breed-specific legislation, so individual municipalities retain authority to regulate or restrict particular breeds. That affects where a dog may lawfully be kept rather than liability — breed is not an element of a § 351.28 claim.
What should I do right now?
Tick these off as you go. Nothing is saved — this is a checklist to work through, not a form.