Overview
The Iowa dog bite statute imposes liability upon dog owners for damage or injury caused by their dogs, whether by biting or other means, to domestic animals and people.
It has two unique features. One is that it applies when "the dog is attacking or attempting to bite a person," meaning that a victim who is chased into the street by a dog, and is hit by a car, is entitled to make a claim under this law. The other is that the statute provides an exception for dogs that are "affected with hydrophobia" if the owner had no way to learn of the illness and could not have prevented the injury. "Hydrophobia" is an old name for rabies.
351.28 Liability
for damages.
The owner of a dog shall be liable
to an injured party for all damages done by the dog, when the dog is caught
in the action of worrying, maiming, or killing a domestic animal, or the
dog is attacking or attempting to bite a person, except when the party
damaged is doing an unlawful act, directly contributing to the injury.
This section does not apply to damage done by a dog affected with hydrophobia
unless the owner of the dog had reasonable grounds to know that the dog
was afflicted with hydrophobia and by reasonable effort might have prevented
the injury.

Litigation forms and other materials for attorneys

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