Dog Bite Lawyers

Strict liability is a critically important legal concept in dog bite cases in both Nebraska and Iowa. Unlike states that follow a "one free bite" rule, where the owner must have prior knowledge of a dog's aggression, Nebraska and Iowa legally use 'strict liability' for dog attacks. This means that a dog owner is legally and financially responsible for any injuries their dog causes, regardless of the dog's previous behavior. Victims do not have the complex burden of having to prove that the owner was personally careless or negligent, or that the dog had previously bitten someone or shown aggressive tendencies. The mere fact that the dog caused an injury establishes the owner's liability, making it a much clearer path to compensation for victims.

Yes, while strict liability makes the owner responsible in most cases, there are limited legal exceptions that a dog owner can raise in response to an injury claim. The first common defense is trespassing: a dog owner can argue against liability if they can prove the victim was on private property illegally when the attack happened. This means the victim was not invited and had no legal right to be there. An owner may also not be held responsible if they can successfully prove that the victim actively bothered, tormented, teased, or intentionally hurt the dog, which directly provoked and caused the attack. Proving these exceptions requires the owner to provide sufficient evidence to overcome the strict liability standard.

Bite victims can seek compensation for a wide range of losses, covering both easily counted and harder-to-measure categories of damages. Due to the severe nature of many animal attacks, this compensation often includes pay for emergency medical care, lengthy physical therapy, expensive reconstructive plastic surgery to address scarring and disfigurement, and specialized mental health treatment for serious conditions like post-traumatic stress disorder (PTSD) that can follow a violent attack. You can also seek recovery for lost pay due to missed work, the cost of any property damage (such as torn clothing), and compensation for intense and ongoing physical pain and suffering. All these damages are recoverable under the law.

The specific time limit to seek compensation for a dog attack is defined by the statute of limitations in the state where the incident occurred. If the dog attack happened in Nebraska, you usually have up to four years from the exact date of the incident to officially file a civil lawsuit in court. This is the legal deadline for most personal injury claims in that state. If, however, the attack happened in Iowa, the time limit is much stricter, typically giving you only two years from the date of the injury to file the necessary court documents. Missing this deadline may bar your claim, so it is important to act promptly.