Nebraska and Iowa Dog Bite Laws: Strict Liability Explained

A dog bite can happen without warning, putting you at risk of nerve damage, infection, scarring/disfigurement, and permanent mental trauma. Whether you were bitten in Omaha, Council Bluffs, or another community in the metro area, you have legal options. But since the Omaha metro area extends into Iowa, there are two different states’ laws at play here. Where you were bitten matters, and an attorney that serves both Nebraska and Iowa can help you plan your next steps. Call Inserra Kelley Cooper Sewell to schedule a consultation now.

What is strict liability in a dog bite case?

Strict liability laws mean that an individual can be held liable for certain injuries even if there’s no evidence that they acted negligently.

What does this mean for dog bites? It means that a dog owner does not necessarily have to be negligent to be responsible for damage caused by their dog’s bite. They don’t need to have known that the dog was dangerous, and the dog does not need to have bitten before. If the attack fits within the statutory requirements of the state where it occurred, the owner may be held liable—even if they did not technically do anything wrong.

In contrast, you may have heard about “one-bite laws.” In some states, an owner isn’t held liable for a dog bite unless they had reason to know the dog was dangerous. That may mean that the dog has bitten in the past, been labeled a dangerous dog, or been aggressive to strangers. Luckily, neither Nebraska nor Iowa has this law. Owners can be held liable even if the dog had zero history of aggressive behavior.

What does Nebraska law say about dog bites?

Per Nebraska law, there are specific requirements that must be met for dog owners to be held liable for a bite.

The law makes owners liable for damages resulting from their dogs biting people other than trespassers. It also addresses injuries and damages involving dogs killing, wounding, injuring, worrying, or chasing people and certain other domestic animals.

This phrasing means that the law isn’t just limited to dog bites. It extends to incidents caused when a dog chases or attacks someone and causes an injury, but not when the behavior is merely playful or mischievous.

The circumstances around an attack may come into play if your case goes to court. Nebraska courts have recognized that intentionally provoking a dog and causing it to attack may prevent recovery. Additionally, someone who keeps or controls a dog without technically owning it may face liability under a different negligence theory.

Because where, how, and why the bite occurred can be important when you’re seeking recovery, talking to a dog bite attorney should happen early in the process.

How Iowa handles dog bite cases

Iowa’s dog bite law is fairly similar to Nebraska’s law, but there are statutory differences. An owner can be responsible for damages when their dog attacks or attempts to bite someone. The victim generally does not have to prove that the dog had previously exhibited dangerous behavior or bitten anyone.

There are specific exceptions under Iowa law. A dog owner can avoid liability when an injured party’s unlawful act directly contributes to an injury. For example, if someone was breaking and entering, a dog’s owner may not be liable if the dog bites them.

The law also has a specific provision regarding dogs affected by hydrophobia, which is often caused by rabies. In these cases, liability may depend on the owner’s knowledge and ability to prevent the injury.

Because there are these nuanced areas of Iowa’s dog bite law, talking to an attorney should be one of your first priorities after you get checked out by a doctor.

Differences between Nebraska and Iowa

Both Nebraska and Iowa generally hold dog owners strictly liable for damage caused by their dogs when they bite or attempt to attack someone. However, the slight differences between the states’ laws warrant a closer look if you’re pursuing a dog bite claim.

In Nebraska, the main exceptions to strict liability relate to trespassing, intentional provocation of the dog, and some cases involving military or police dogs. Iowa’s exceptions are for unlawful acts contributing to the injury and some rabies-related circumstances.

The biggest difference may be the statute of limitations. In Nebraska, you generally have four years from the date of the attack to file a lawsuit against the dog’s owner or other responsible party. In Iowa, the statute of limitations is just two years. Again, there are exceptions, so you should discuss the specifics of your attack with a lawyer.

What compensation can dog bite victims pursue?

Dog bite victims may be entitled to compensation for a variety of losses. Medical care is an important one, because treating a dog bite can be expensive—particularly if the bite is deep enough to cause nerve damage or extensive bleeding. Victims may also have to take an extended course of antibiotics to prevent infection. In some cases, dog bites lead to permanent disfigurement, which also warrants fair compensation

You may also seek compensation for lost wages, reduced earning capacity if your injuries are lasting, pain and suffering, and emotional distress.

Children bitten by dogs face unique dangers and losses, so it’s especially important to advocate for your child legally if they are bitten. Young victims may suffer injuries to their faces, heads, and necks. As they grow, these wounds may require repeated reconstructive surgeries, monitoring, and specialized treatment. On top of that, children can also develop anxiety, an intense fear of dogs, and other mental health concerns after a bite.

Homeowners’ and renters’ insurance for dog bites

Dog bite claims are often paid out through the owner’s insurance, not from the owner’s pocket. If the dog owner owns their own home, their homeowners’ policy may pay out. A renter with renters’ insurance may carry coverage that pays for damage caused by their dog.

Coverage isn’t automatic, though. Some insurance companies have exclusions for certain dog breeds, and in cases where the owner did not disclose the dog to the insurance company, the insurance may try to deny coverage. The same can happen with renters. If they hide the dog from their renters’ insurance, their policy may not pay. The landlord’s insurance may also deny coverage, depending on the landlord’s liability and the terms of the policy. It’s important to talk to your lawyer about all potential sources of compensation.

Speak with an Omaha dog bite lawyer about your next steps

The team at Inserra Kelley Cooper Sewell is here to talk to you more about your options and next steps. Schedule your consultation by calling us or contacting us online.