Dog Bite Attorneys in Omaha, Nebraska
Being attacked or bitten by a dog can be a terrifying experience. Unfortunately, victims of dog bite incidents often suffer physical injuries, emotional trauma and might be confused about what to do next. Thankfully, a state’s dog bite laws exist to protect victims of dog attacks and hold the dog owner liable for injuries and damages. If you or a loved one were bitten or attacked by a dog, you can be eligible to pursue fair financial compensation for your injuries and other potential damages.
At Salerno & Leavitt, our attorneys are poised and can help assist, support, and represent you in your dog bite injury claims. As skilled Nebraska personal injury attorneys, we can seek to investigate every last detail of your unique situation thoroughly and help you understand your possible options to recover damages.
Salerno & Leavitt proudly serves clients across Omaha, Nebraska, and Council Bluffs, Iowa.
Understanding Dog Bite Laws
Many states, and some counties across the country, have dog bite laws, rules, regulations, fines, and punishments pertaining to dog bites, dog attacks, and dogs considered dangerous or vicious. These dog bite laws exist to protect individuals from possible dog bites or dog attacks and help victims pursue rightful compensation for any injuries sustained. However, such laws usually differ from state to state.
Nebraska Dog Bite Law
Nebraska is a strict liability state. According to Nebraska Revised Statutes Section 54-601, a dog owner will be held liable for any injuries or damages caused by their dog, regardless of negligence. However, there may be an exception if:
The victim was unlawfully on the dog's owner's property when the dog attack occurred.
The dog was performing its duties as a military or police animal.
Iowa Dog Bite Law
Also, Iowa is a strict liability state. Under Iowa Code Section 351.28, a dog owner is liable for all damages their dog causes, if:
The dog is caught in the act of worrying, maiming, or killing a domestic animal, or
The dog is attacking or attempting to bite a person, and
The person is not committing an illegal act that contributes to the injury.
If you have been bitten or attacked by a dog in Nebraska or Iowa, you need to hire a skilled personal injury attorney. Your attorney can evaluate the magnitude of your injuries, work to establish liability, and help seek deserved compensation for your injuries and other potential damages.
Liability in a Nebraska Dog Bite Case
Under the Nebraska strict liability law, the dog owner will be legally and financially responsible for any injuries or damages their dog causes to someone lawfully on a property.
Modified Comparative Negligence in Nebraska
Additionally, Nebraska follows the modified comparative negligence rule, with a 50% bar. Under the system, you will only be allowed to recover damages for your dog bite injuries if you were found to be partially (less than 50%) responsible for your injuries. However, the amount of compensation you may recover will reduce in proportion to your percentage of fault. Conversely, you would be barred from recovering any damages if you were found to be 50% or more at fault for the incident.
Liability in an Iowa Dog Bite Case
Under the Iowa strict liability law, the dog owner will be held liable for all damages a dog causes to someone legally on a property and not committing an unlawful act.
Modified Comparative Fault in Iowa
Also, Iowa operates using the modified comparative fault principle, with a 51% bar. According to the system, you will be allowed to seek compensation for your dog bite injuries if you are partially or equally (50% or less) responsible for your injuries. However, the number of damages that may be recovered will be reduced by your fault degree. Conversely, you would be completely barred from recovering any damages if you are more than 50% at fault for the incident.
Filing a Personal Injury Claim
To recover damages, the dog-bite victim can proceed by:
Filing an injury claim with their own insurance company.
Filing a third-party claim directly with the insurance carrier of the dog owner.
Filing a personal injury lawsuit against the dog owner.
However, you must act quickly and reach out to an experienced attorney about your dog bite case to avoid forgetting important details, losing any evidence, and making sure you file your injury claims within the specified time window.
Statute of Limitations
Nebraska: The statute of limitations for dog bite claims in Nebraska is four years from the date the injury occurred. This means that you will have four years from the date of the dog bite or dog attack to file a personal injury claim.
Iowa: The statute of limitations for dog bite claims in Iowa is two years from the date the injury occurred. This means that the dog bite victim must initiate an action seeking damages for their injuries within two years from the date the incident occurred.
A dog bite victim may be allowed to recover the following types of compensation:
Medical expenses, including continued medical treatment
Lost wages and benefits
Physical and occupational therapy
Any reduction to your ability to earn a living
Emotional or mental suffering and anguish
Physical pain and suffering
Loss of consortium
Our knowledgeable attorneys can carefully evaluate all of the facts of your case, determine the magnitude of your injuries, and help negotiate a fair settlement with the insurance company.
Work With an Experienced Personal Injury Attorney
Dog bites/attacks usually leave the victims physically harmed, injured, and emotionally traumatized. If you are the victim, such an incident can affect you financially, emotionally, and physically. However, you do not have to suffer the financial liability and challenges alone. If you were attacked or bitten by a dog, you must retain an experienced personal injury attorney to help you seek the justice that you are entitled to.
At Salerno & Leavitt, our attorneys have the resources and diligence to handle complex personal injury cases involving dog bites and other animal attacks.
Dog Bite Attorneys Serving Omaha, Nebraska
If you, your child, or someone you know were attacked or bitten by a dog, you can pursue damages. Contact us at Salerno & Leavitt today to schedule a simple case evaluation. Our trusted attorneys have the experienced legal counsel and vigorous representation you need in dog bite claims. We proudly represent clients across Omaha, Nebraska, and Council Bluffs, Iowa.