Iowa Dog Bite Laws: Liability and Victim Rights

Iowa Dog Bite Strict Liability Under Iowa Code § 351.28

Iowa is a strict liability state for dog bite injuries. Under Iowa Code § 351.28, the owner of a dog is liable to an injured party for all damages caused by the dog when the dog is caught in the act of attacking or attempting to bite a person, or worrying, maiming, or killing a domestic animal.

This means that a dog bite victim in Iowa does not need to prove that the owner was negligent or that the owner had prior knowledge of the dog's aggressive tendencies. There is no "one-bite rule" in Iowa. The victim only needs to establish three elements to recover damages.

Elements a Victim Must Prove

To succeed in a dog bite claim under Iowa's strict liability statute, a victim must prove:

1. The defendant owned the dog at the time of the incident
2. The dog bit or attacked the victim
3. The victim was lawfully present at the location where the bite occurred

If the victim can establish these three facts, the dog owner is automatically liable for all resulting damages. The owner cannot escape liability by claiming they had no idea the dog would bite.

Two Exceptions to Iowa's Strict Liability Rule

Iowa Code § 351.28 contains two important exceptions that can shield a dog owner from liability.

Unlawful Act Exception. The statute does not apply when the injured party was "doing an unlawful act, directly contributing to the injury." This includes trespassing on the owner's property or provoking the dog through illegal conduct. If the victim's own unlawful behavior directly contributed to the bite, the owner may avoid liability entirely.

Rabies (Hydrophobia) Exception. The strict liability standard does not apply to damage caused by a dog affected with hydrophobia (rabies). In rabies cases, the owner is only liable if they had "reasonable grounds to know" the dog was afflicted with rabies and "by reasonable effort might have prevented the injury." This shifts the burden from strict liability to a negligence-based standard for rabies-related attacks.

Iowa's Comparative Fault Rules in Dog Bite Cases

Even in strict liability cases, Iowa applies its modified comparative fault system under Iowa Code Chapter 668. This system can reduce or eliminate a victim's recovery based on their own share of fault.

Under Iowa's 51% bar rule, a dog bite victim cannot recover any damages if they are found to be 51% or more at fault for the incident. If the victim is 50% or less at fault, their total damages award is reduced by their percentage of fault.

For example, if a jury awards $50,000 in damages but finds the victim was 30% at fault for provoking the dog, the victim would receive $35,000 (a 30% reduction). However, if the victim is found 51% or more responsible, they receive nothing.

Common situations where comparative fault arises in Iowa dog bite cases include:

• Teasing, tormenting, or hitting the dog before the attack
• Ignoring posted warning signs about a dangerous dog
• Reaching into a fenced area where a dog is confined
• Approaching an unfamiliar dog without the owner's permission

Dog Owner Responsibilities Under Iowa Code Chapter 351

Iowa law imposes several specific obligations on dog owners beyond the general liability statute.

Bite Reporting Requirements (§ 351.38)

Under Iowa Code § 351.38, the owner of any dog that has bitten or attacked a person must report the incident to a local health or law enforcement official. Any other person with knowledge of such a bite or attack also has a duty to report it.

Confinement After a Bite (§ 351.39)

Iowa Code § 351.39 authorizes local authorities to order the confinement of an animal that has potentially exposed a person to rabies. This quarantine period allows health officials to monitor the dog for signs of rabies infection.

Dogs Running at Large (§ 351.37)

Under Iowa Code § 351.37, a dog found running at large without a valid rabies vaccination tag may be apprehended and impounded by a local board of health or law enforcement official. If the dog's owner does not present proof of rabies vaccination, the dog remains impounded and may be disposed of according to local procedures.

Right to Kill a Dangerous Dog (§ 351.27)

Iowa Code § 351.27 permits any person to kill a dog, even one wearing a rabies vaccination tag, when the dog is caught in the act of chasing, maiming, or killing a domestic animal or fowl, or when the dog is attacking or attempting to bite a person.

Local Leash Laws and Ordinances

While Iowa does not have a statewide leash law, many municipalities require dogs to be leashed in public areas. Iowa Code § 351.41 explicitly preserves the power of cities and counties to prohibit dogs from running at large and to provide additional measures for the restriction of dogs beyond what state law requires.

Damages Available to Dog Bite Victims in Iowa

Dog bite victims in Iowa may recover both economic and non-economic damages under the strict liability statute.

Economic Damages

• Emergency medical treatment and hospitalization costs
• Surgical procedures, including reconstructive surgery
• Rehabilitation and physical therapy expenses
• Lost wages during recovery
• Reduced future earning capacity
• Property damage (torn clothing, broken eyeglasses, etc.)
• Future anticipated medical costs

Non-Economic Damages

• Physical pain and suffering
• Emotional distress and psychological trauma
• Permanent scarring and disfigurement
• Loss of enjoyment of life
• Post-traumatic stress disorder (PTSD) related to the attack

Iowa does not impose a statutory cap on damages in dog bite personal injury cases. Victims can pursue the full amount of their losses through a civil lawsuit or insurance claim.

Statute of Limitations for Iowa Dog Bite Claims

Under Iowa Code § 614.1(2), a dog bite victim has 2 years from the date of the injury to file a personal injury lawsuit in Iowa state court. Missing this deadline almost always results in the court dismissing the case.

Important timing considerations include:

• The 2-year clock starts on the date of the dog bite, not the date of diagnosis or treatment
• Minors (under age 18) have 1 year after reaching age 18 to file a claim, even if the original 2-year period has expired
• Persons with certain legal disabilities may also receive an extension
• If the dog owner leaves Iowa after the incident, the statute of limitations may be tolled (paused) until they return
• Claims against government entities often require shorter notice periods, sometimes as brief as 60 days

Do not wait to pursue a claim. Consulting an attorney promptly helps preserve evidence and witness testimony.

Breed-Specific Legislation in Iowa

Iowa does not have a statewide ban on any particular dog breed. However, under the authority granted by Iowa Code § 351.41, dozens of Iowa cities and counties have enacted their own breed-specific ordinances.

As of 2025, approximately 72 Iowa localities maintain some form of breed-specific legislation (BSL), most commonly targeting pit bulls and pit bull mixes. Several major Iowa cities, including Council Bluffs, have enforced pit bull bans for decades.

Recent Legislative Developments. The Iowa House of Representatives passed House File 651 by an 82-16 vote, which would prohibit local governments from enacting breed-specific bans. The bill was sent to the Iowa Senate for consideration. If signed into law, HF 651 would invalidate existing breed-specific ordinances across the state and shift enforcement toward behavior-based dangerous dog laws rather than breed-based restrictions.

Regardless of local breed restrictions, the strict liability provisions of Iowa Code § 351.28 apply to all dog breeds equally.

Landlord Liability for Dog Bites in Iowa

Iowa's strict liability statute under § 351.28 applies specifically to the dog's "owner." A landlord is generally not considered the owner of a tenant's dog, so the strict liability standard typically does not apply to landlords.

Instead, dog bite claims against landlords are brought as premises liability claims, which require the victim to prove negligence. A landlord may be held liable if:

• The landlord retained control over common areas where the bite occurred and knew or should have known about the dangerous dog
• The landlord harbored or exercised control over the tenant's dog and knew or should have known the dog was dangerous
• The landlord had actual knowledge that the tenant's dog was dangerous and had the ability to remove the dog but failed to act

Landlords who allow tenants to keep dogs should include specific pet policies in lease agreements and consider requiring tenants to carry renter's insurance with liability coverage.

Criminal Consequences for Dog Owners

While most Iowa dog bite cases are resolved through civil lawsuits and insurance claims, dog owners may also face criminal liability in certain situations.

Violations of Local Ordinances

Owners who violate municipal leash laws, confinement requirements, or breed-specific restrictions may face fines and misdemeanor charges imposed by local authorities.

Animal Control Actions

Under Iowa Code §§ 351.37 and 351.39, authorities can impound dogs running at large or order confinement of dogs that have bitten someone. Failure to comply with impoundment or quarantine orders can result in additional penalties.

Serious Injury or Death Cases

When a dog attack results in serious bodily injury or death, and the owner knew the dog was dangerous but failed to take reasonable precautions, prosecutors may pursue more severe criminal charges. Iowa courts have upheld substantial judgments against owners whose dogs caused serious harm.

How to File a Dog Bite Claim in Iowa

If you have been bitten by a dog in Iowa, take these steps to protect your legal rights:

• Get medical attention immediately. Prompt treatment creates a medical record linking your injuries to the dog bite.
• Report the bite. Contact local animal control and law enforcement. Iowa Code § 351.38 requires bite reporting.
• Document the scene. Photograph your injuries, the location, and the dog if you can do so safely.
• Collect information. Get the dog owner's name, address, phone number, and homeowner's or renter's insurance information.
• Identify witnesses. Gather contact details from anyone who saw the attack.
• Preserve physical evidence. Keep torn or bloodied clothing and any other items damaged in the attack.
• Contact an attorney. A personal injury lawyer can evaluate your claim and handle negotiations with insurance companies. Many dog bite attorneys offer free consultations and work on contingency.

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