Select your state

Animals

negligent handling

The owner of a dog or other animal may be liable for negligence in handling the dog when the dog causes personal injury or property damage. Sometimes a plaintiff must show that the owner had knowledge of the dog's dangerous propensities in order for the dog's owner to be liable for negligent handling.

In Iowa, the liability of a dog owner for injuries or damages caused by their dog is governed by both statutory law and common law principles. Under Iowa Code section 351.28, an owner of a dog is liable for all damages done by the dog when the dog is caught in the act of worrying, maiming, or killing a domestic animal, or when the dog is attacking or attempting to bite a person. This statute imposes a form of strict liability on dog owners for damages caused in these specific circumstances. However, when it comes to negligence, the plaintiff may need to prove that the owner failed to use reasonable care in controlling the dog and that this failure led to the injury or damage. Additionally, in cases where the dog's dangerous propensities are not known, the plaintiff might have to demonstrate that the owner knew or should have known of the dog's dangerous behavior to establish liability for negligent handling. This is often referred to as the 'one-bite rule,' where liability may hinge on whether the owner was aware of the dog's propensity to cause harm based on a previous incident.

Legal Articles

State Statutes

As a LegalFix Member You Will Be an Important Client of Local Law Firms

For as little as 69¢ a day you can have a LegalFix Legal Plan that includes initial consultations with an attorney at no additional charge—and additional legal services at reduced rates—all from top law firms in your state.

Don't wait—be prepared for life's inevitable legal issues, starting today.

And to save even more money, ask your employer, credit union, or membership group to offer LegalFix as an employee or member benefit.

Animals

negligent handling

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Iowa State Code

Iowa State Code

Animals

negligent handling

Articles