If a dog bites you in Siouxland, the dog's owner is usually the person responsible. Dog bite laws in Iowa and dog bite laws in Nebraska both put liability on the owner by statute, and neither statute requires you to prove the dog has bitten someone before.
The two states are not identical, though. Iowa Code section 351.28 and Neb. Rev. Stat. § 54-601 use different words, have different exceptions, and come with different filing deadlines. Fitch & Stahle Law Office handles dog and animal bite claims on both sides of the Missouri River, so this guide covers both.
Who is responsible for a dog bite in Iowa?
Iowa Code section 351.28 says the owner of a dog is liable to an injured party for all damages done by the dog when the dog is attacking or attempting to bite a person. The same section covers a dog caught worrying, maiming, or killing a domestic animal.
The text does not ask whether the owner knew the dog was dangerous, and it does not mention a prior bite. It also is not limited to a completed bite.
Iowa's two exceptions
Section 351.28 has two limits written into it:
- The unlawful act exception. The owner is not liable under this section when the injured person was doing an unlawful act that directly contributed to the injury.
- The hydrophobia exception. The section does not apply to damage done by a dog affected with hydrophobia (an older word for rabies), unless the owner had reasonable grounds to know the dog had it and could have prevented the injury by reasonable effort.
Who is responsible for a dog bite in Nebraska?
Neb. Rev. Stat. § 54-601 says the owner or owners of a dog are liable for any and all damages to any person, other than a trespasser, who is bitten by the dog. The statute also covers damages from a dog killing, wounding, injuring, worrying, or chasing a person, or someone's sheep or other domestic animals.
The Nebraska Legislature's official notes to this section summarize court decisions on how it works. According to those notes:
- The statute creates strict liability for the owner. The injured person does not have to prove the owner knew the dog was dangerous.
- A person who intentionally provoked the dog, and caused the attack that way, can be barred from recovering under the statute.
- Merely playful or mischievous acts of a dog are not covered by the statute.
- The statute's strict liability does not reach the owner of leased property where the dog is kept.
Nebraska's limits
- Trespassers. The bite provision covers "any person, other than a trespasser." The official notes say a trespasser is not cut off from other legal claims, but the dog statute itself does not apply.
- Police and military dogs. Section 54-601 has a separate exception for government agencies using a dog in police or military work. It applies only in specific situations, such as when officers were following a written policy on the use of dogs.
Do you have to prove the dog bit someone before?
Under these two statutes, no. The text of Iowa Code section 351.28 has no prior bite requirement. For Neb. Rev. Stat. § 54-601, the official notes say owners are liable without proof that they knew of the dog's dangerous tendencies.
That does not mean every claim succeeds. The exceptions above still matter, and the facts have to be proven. Our article on whether you have a personal injury case explains the basics.
How long do you have to file a dog bite claim?
The deadlines are different on each side of the river.
- Iowa: two years. Iowa Code section 614.1(2) says actions founded on injuries to the person must be brought within two years.
- Nebraska: four years. Neb. Rev. Stat. § 25-207 sets a four-year limit for an action for an injury to the rights of the plaintiff that does not arise from a contract.
Claims for children can follow different timing rules. Both states have statutes that extend deadlines for minors (Iowa Code section 614.8 and Neb. Rev. Stat. § 25-213). Do not assume extra time applies to your situation.
What if the injured person was partly at fault?
Both states have rules that compare fault.
In Iowa, Iowa Code section 668.3 says a claimant's own fault does not bar recovery unless the claimant bears a greater percentage of fault than the defendants combined. Any damages allowed are reduced in proportion to the claimant's share of fault.
In Nebraska, Neb. Rev. Stat. § 25-21,185.09 applies in civil cases where contributory negligence is a defense. In those cases, a claimant's negligence reduces the damages proportionately. If it is equal to or greater than the total negligence of the people being sued, the claimant recovers nothing.
How these rules apply to a claim under a dog bite statute depends on the facts and the legal theory. It also helps to know how insurance companies try to undermine injury claims.
What to do after a dog bite in Sioux City or South Sioux City
- Get medical care. Dog bites can cause infection, nerve damage, and scarring. See a doctor even if the wound looks small.
- Report the bite. Contact animal control or the police in the city where the bite happened. Sioux City and South Sioux City each handle their own reports.
- Take photos. Photograph your injuries, torn clothing, the dog if it is safe, and the place where it happened.
- Get the owner's information. Write down the owner's name, address, and phone number, plus homeowner's or renter's insurance information if they will share it.
- Ask about rabies vaccination. Ask for the dog's rabies vaccination records and give them to your doctor.
- Keep your records. Save witness names, medical bills, receipts, and notes about missed work.
What compensation can include
Iowa's statute makes the owner liable for "all damages done by the dog." Nebraska's makes the owner liable for "any and all damages" covered by the statute. Depending on the facts, a dog bite claim may ask for things like:
- Emergency care, surgery, and follow-up medical bills
- Future medical care, such as treatment for scars
- Lost income from missed work
- Pain, suffering, and emotional distress
Some bites cause permanent harm. Serious cases may be handled as a catastrophic injury claim.
How insurance fits in
A dog owner's homeowner's or renter's insurance policy often pays dog bite claims. So a claim against a neighbor, friend, or relative is often handled by an insurance company. Coverage depends on the policy.
Frequently asked questions
Does Nebraska's dog bite law protect trespassers?
Not under the statute. Neb. Rev. Stat. § 54-601 covers a bite to "any person, other than a trespasser." The official notes to the statute say a trespasser may still have other legal claims.
How long do I have to sue for a dog bite?
Iowa Code section 614.1(2) gives two years for injury claims. Neb. Rev. Stat. § 25-207 gives four years. Different rules can apply to children, so talk with a lawyer about your own deadline.
Which state's law applies if I live in Iowa but was bitten in Nebraska?
That depends on the facts, including where the bite happened. It matters, because the two states have different exceptions and deadlines.
Do I need a Sioux City dog bite attorney for a small bite?
Not every bite needs a lawyer. A short talk can help you understand the deadline and the insurance process.
Talk with a dog bite lawyer in Sioux City
Attorneys Thomas A. Fitch and Robert J. Stahle are licensed in both Iowa and Nebraska. From our office at 1917 Dakota Ave in South Sioux City, we serve Sioux City and the rest of Siouxland as a personal injury law firm. Se habla español.
If you are looking for a Sioux City dog bite attorney, call (402) 494-3012 or contact us for a free case evaluation.
This article is general information, not legal advice. Laws change, and every case is different. Talk with a lawyer about your own situation.