Iowa Dog Bite Law

How dog bite liability works in Iowa

Iowa has held dog owners liable without proof of fault since the 1873 Code, and the wording of § 351.28 has barely changed since; its last amendment was in 1983¹. The Iowa Supreme Court calls the rule absolute: "Our cases under this statute have held legal dog owners absolutely liable, regardless of whether or not the owner was negligent or had knowledge of the dog's vicious propensity"². The text reaches all damage done while the dog is "attacking or attempting to bite", not only bite wounds¹.

The catch is the word "owner". Until 1994 the Code defined an owner to include anyone who kept or harbored a dog. The legislature repealed that definition with the old licensing sections, and in Fouts ex rel. Jensen v. Mason, 592 N.W.2d 33 (Iowa 1999), the Supreme Court held that § 351.28 now reaches only the dog's legal owner⁶. A parent, landlord or friend who houses someone else's dog is not strictly liable. They can still be sued for negligence or under the common-law rule for a keeper who knew the dog was dangerous^6,8.

Defendants also get little help from the injured person's conduct. Iowa courts hold that contributory negligence is not a defense to a § 351.28 claim, and they have refused to read in assumption of risk, even for a dog groomer bitten at work^2,7.

Two neighbors, Minnesota and Illinois, also impose liability by statute, but both extend it to keepers and harborers; Iowa limits it to the legal owner⁶. Compare every state in the national table.

The Iowa dog bite statute

The owner of a dog is liable to an injured party for all damages done by the dog when it is attacking or attempting to bite a person, or is caught worrying, maiming or killing a domestic animal¹. The only exception is when the injured party was doing an unlawful act that directly contributed to the injury^1,2. The statute does not apply to damage done by a rabid dog unless the owner had reasonable grounds to know of the rabies and could have prevented the injury¹. "Owner" means the legal owner, which can be proved by showing the dog lived in the defendant's possession and on their premises as owners usually keep dogs⁶.

• Law: Iowa Code § 351.28 (Liability for damages (dogs)), enacted 1873; last changed 1983 (1983 Iowa Acts ch. 117, § 1)
• Injuries covered: Any injury the dog causes (bites, knock-downs, chases)
• Where: Anywhere
• Who is liable: The owner
• Damages: All damages, under the ordinary rules

Other ways to prove liability

Outside the statute, Iowa follows Restatement (Second) of Torts § 509: a possessor of a domestic animal who knows or has reason to know of its abnormally dangerous propensities is liable for harm from them, even if they took the utmost care⁸. In Crabtree v. Johnson (Iowa Ct. App. 2008), a landlord who fed and housed his jailed son's dog could be tried as its keeper on that theory and for ordinary negligence⁸. These claims matter when the defendant is not the legal owner, for example a relative, dog sitter or landlord^6,8.

Defenses owners raise

Committing a crime

The statute's own defense: no liability when the injured party was doing an unlawful act that directly contributed to the injury¹. The Supreme Court has called this "the only defense provided by section 351.28"². The act must be unlawful and must have contributed; being careless is not enough⁷.

Veterinarians and dog professionals

Iowa rejects the "veterinarian's rule". In Collins v. Kenealy, 492 N.W.2d 679 (Iowa 1992), a groomer bitten by a customer's dog could sue the owners: a temporary custodian does not become the owner, and the court declined to create an assumption-of-risk exception, calling that a job for the legislature².

Assumption of risk

Not recognized as a defense to § 351.28². Chapter 668 counts "unreasonable assumption of risk" as fault in negligence cases, so it can matter in a claim against a non-owner¹⁰.

Other defense

Rabies: the owner is not liable under § 351.28 for damage done by a dog with rabies unless the owner had reasonable grounds to know and could have prevented the injury¹. The defendant may also argue it is not the legal owner, which defeated the strict-liability claims in Fouts and Crabtree^6,8.

Shared fault

Modified comparative fault (barred at 51%) (Iowa Code § 668.3).

Under Iowa's comparative-fault law, your damages are cut by your share of fault, and you recover nothing only if your fault is greater than the combined fault of the defendants, so 50% still recovers⁹. That applies to negligence and keeper claims. For § 351.28 claims against the owner, the Iowa Supreme Court (1992) and Court of Appeals (2014) say contributory negligence is no defense, and the 2014 court upheld assigning 100% of the fault to the owner^2,7. Chapter 668 lists strict liability within "fault"¹⁰, but we found no Iowa appellate decision using it to reduce a § 351.28 award.

How the five fault systems compare: provocation, trespass and shared fault.

Iowa dog bite statute of limitations

2 years (Iowa Code § 614.1(2))

File within two years of the bite or attack³. Claims for injury to property, such as a pet or livestock killed by a dog, have five years³. A suit against a city, county or other municipality also has two years, and § 670.5 sets no separate notice-of-claim step¹¹.

Children. The deadline is extended for a minor so that the child has one year after reaching majority, which is age 18 in Iowa, to sue; in practice until the 19th birthday^4,5. The same extension applies to claims against municipalities^4,11.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

Section 351.28 makes the owner liable for "all damages done by the dog": medical bills, lost earnings, pain and suffering, scarring and disability, and a parent's loss of a child's consortium, as long as the dog caused them^1,7. The statute sets no cap. Punitive damages need clear, convincing and satisfactory evidence of willful and wanton disregard for others' safety; unless the conduct was aimed at you, at most 25% of a punitive award goes to you and the rest to a state civil reparations fund¹². Cities and counties are immune from punitive damages¹³.

Landlords and property owners

A landlord who does not own the dog is not strictly liable under § 351.28⁶. In Fouts ex rel. Jensen v. Mason, 592 N.W.2d 33 (Iowa 1999), the Supreme Court held a landlord must keep common areas reasonably safe by excluding a dog known to be vicious, but only if (1) the bite happened in an area the landlord controlled alone or with the tenant, and (2) the landlord knew or should have known of that dog's vicious propensities⁶. A landlord with no control over the leased property, whose tenant got the dog after the lease began, is generally not liable⁶.

Insurance

No Iowa statute limits home or renters insurers' use of dog breed. Breed bills in the legislature have targeted city ordinances, not insurers, and the 2023 bill died in the Senate²³. The state sets no insurance requirement for dogs; some cities require it for dogs they declare high-risk or dangerous¹⁸.

More on coverage, breed exclusions and renters policies: dog bite insurance.

Why only the legal owner is strictly liable

Iowa's statute speaks of the "owner" and nothing more. In 1909, in Alexander v. Crosby, the Supreme Court read that to mean the person to whom the dog legally belongs, not someone who merely gives a stray food and shelter⁶. Later the Code's licensing chapter defined an owner to include anyone who keeps or harbors a dog, and courts borrowed that definition for the bite statute⁶. In 1994 the legislature repealed the licensing sections and the definition with them. In Fouts ex rel. Jensen v. Mason, 592 N.W.2d 33 (Iowa 1999), the court held the repeal narrowed the statute back to legal owners⁶. Proof of title is not required: a plaintiff can show the defendant possessed the dog and kept it on their premises as owners usually do⁶. The practical result is that grandparents, landlords and roommates who live with a dog they do not own are outside § 351.28. A claim against them must prove knowledge of the dog's dangerous nature or negligence, as in Crabtree v. Johnson (Iowa Ct. App. 2008)⁸.

Bite reports and quarantine

The owner of any dog that has bitten or attacked a person, and anyone who knows of the bite, must report it to a local health or law enforcement official¹⁴. The statute sets no deadline. Physicians and veterinarians must report animals known or suspected to have rabies to the local board of health¹⁴. Failing to report is a simple misdemeanor²⁰.

When the local board of health learns an animal has bitten someone, it must order the owner to confine it as the board directs¹⁵. Iowa HHS says dogs, cats and ferrets that bite are confined and observed for 10 days whatever their vaccination status, at a location the local rabies authority chooses¹⁶. If the owner does not comply, the board impounds the dog, may euthanize it after ten days, and charges the owner for impoundment¹⁵. Police service dogs on duty are exempt¹⁵.

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on Iowa dangerous dog law.

Questions about Iowa dog bite law

Is Iowa a one-bite state?

No. Iowa Code § 351.28 makes the legal owner liable for all damage done when the dog attacks or tries to bite, with no need to show an earlier bite¹. The Iowa Supreme Court has said owners are liable whether or not they were negligent or knew the dog was dangerous². The one-bite idea survives only for claims against people who are not the owner, such as a keeper⁸.

Can I sue if my child was bitten while playing with the dog?

Usually yes. The only defense in the statute is an unlawful act by the injured person that contributed to the injury, and Iowa courts hold that ordinary carelessness is not a defense^1,7. In Burt v. Miller (2014), the court upheld assigning all fault to the owner of a dog that bit an 11-year-old⁷. A child has until one year after turning 18 to sue^4,5.

I was bitten by a dog I was grooming or treating. Can I sue the owner?

Yes, under Collins v. Kenealy (Iowa 1992). A groomer or other temporary custodian does not become the dog's owner, and the court refused to create an assumption-of-risk exception for people who handle dogs for a living². If you were bitten at work, workers' compensation may also apply against your employer; see dog bites at work.

Can I sue the person who was watching the dog, not the owner?

Not under § 351.28, which applies only to the legal owner⁶. You can sue a keeper or caretaker under the common law if they knew or had reason to know the dog was dangerous, or for negligence⁸. Comparative fault applies to those claims, and you recover nothing if your fault exceeds theirs⁹.

A dog attacked my dog or my livestock. Does the statute help?

Section 351.28 also covers a dog caught worrying, maiming or killing a domestic animal, so the owner is liable for that damage too¹. The deadline for property damage is five years³. Anyone may lawfully kill a dog caught chasing, maiming or killing a domestic animal or fowl²⁴. See dog attacked my dog.

Official contacts

Sources

1. Iowa Code § 351.28 (Liability for damages), Iowa Legislature. Checked 17 October 2026.
2. Collins v. Kenealy, 492 N.W.2d 679 (Iowa 1992), Iowa Supreme Court (via CourtListener). Checked 17 October 2026.
3. Iowa Code § 614.1 (Period of limitations), Iowa Legislature. Checked 17 October 2026.
4. Iowa Code § 614.8 (Minors and persons with mental illness), Iowa Legislature. Checked 17 October 2026.
5. Iowa Code § 599.1 (Period of minority), Iowa Legislature. Checked 17 October 2026.
6. Fouts ex rel. Jensen v. Mason, 592 N.W.2d 33 (Iowa 1999), Iowa Supreme Court (via CourtListener). Checked 17 October 2026.
7. Burt v. Miller, No. 12-1934 (Iowa Ct. App. Mar. 26, 2014), Iowa Court of Appeals (via CourtListener). Checked 17 October 2026.
8. Crabtree v. Johnson, No. 07-0929 (Iowa Ct. App. Apr. 30, 2008), Iowa Judicial Branch. Checked 17 October 2026.
9. Iowa Code § 668.3 (Comparative fault: effect), Iowa Legislature. Checked 17 October 2026.
10. Iowa Code § 668.1 (Fault defined), Iowa Legislature. Checked 17 October 2026.
11. Iowa Code § 670.5 (Municipal tort claims: limitation of actions), Iowa Legislature. Checked 17 October 2026.
12. Iowa Code § 668A.1 (Punitive or exemplary damages), Iowa Legislature. Checked 17 October 2026.
13. Iowa Code § 670.4 (Municipal tort claims exempted), Iowa Legislature. Checked 17 October 2026.
14. Iowa Code § 351.38 (Owner's duty to report), Iowa Legislature. Checked 17 October 2026.
15. Iowa Code § 351.39 (Confinement), Iowa Legislature. Checked 17 October 2026.
16. Rabies, Iowa Department of Health and Human Services. Checked 17 October 2026.
17. Iowa Code § 351.41 (Not a limitation on power of municipalities and counties), Iowa Legislature. Checked 17 October 2026.
18. Helmers v. City of Des Moines, No. 17-0794 (Iowa Ct. App. Apr. 4, 2018), Iowa Judicial Branch. Checked 17 October 2026.
19. Helmers v. City of Des Moines, No. 17-0794 (Iowa Mar. 1, 2019) (affirmed by operation of law), Iowa Supreme Court (via CourtListener). Checked 17 October 2026.
20. Iowa Code § 351.43 (Penalty), Iowa Legislature. Checked 17 October 2026.
21. Iowa Code § 903.1 (Maximum sentence for misdemeanants), Iowa Legislature. Checked 17 October 2026.
22. Iowa Code § 707.5 (Involuntary manslaughter), Iowa Legislature. Checked 17 October 2026.
23. House File 651 (90th General Assembly), bill history, Iowa Legislature. Checked 17 October 2026.
24. Iowa Code § 351.27 (Right to kill tagged dog), Iowa Legislature. Checked 17 October 2026.
25. Iowa Code § 351.33 (Rabies vaccination), Iowa Legislature. Checked 17 October 2026.
26. Iowa Code § 351.37 (Dogs running at large: impoundment), Iowa Legislature. Checked 17 October 2026.