The Unlawful-Act Exception & the Rabies Carve-Out

By the FigureMyTax Editorial Team · How we calculate

Iowa's strict liability rule is broad, but it has exactly two real exceptions — and neither is the "provocation" defense common elsewhere.

The victim's own unlawful act

Under Iowa Code §351.28, the statute doesn't apply when the injured party was doing an unlawful act that directly contributed to the injury. This is a narrower, more specific standard than a general provocation defense: it asks whether the victim's own conduct was illegal and directly contributed to the injury — such as trespassing or committing a crime — not whether they did something to incite the dog itself.

The rabies carve-out

The statute also doesn't apply to damage done by a dog affected with hydrophobia (rabies) — unless the owner had reasonable grounds to know the dog was afflicted and could have prevented the injury through reasonable effort. This narrow category reverts to a negligence-style standard rather than the strict liability that applies to ordinary attacks.

Trespassing alone doesn't automatically defeat a claim

Because the statute requires the unlawful act to directly contribute to the injury, the specific facts matter — simply being somewhere unauthorized isn't automatically enough if that fact didn't actually cause or contribute to the attack occurring.

Comparative fault still applies

Separate from the statute's own exceptions, Iowa's general modified comparative fault rule under Iowa Code §668.3 still governs how the victim's broader conduct affects what they ultimately recover.

This is general information, not legal advice. Whether an exception applies depends heavily on the specific facts. Confirm how these rules affect your case with a licensed Iowa attorney.