Dog Owned by Retail Merchant Bites Store Worker. Does Employee Receive Workers Comp and Liability Award.

Workers’ Compensation Exclusive Remedy Rule versus Iowa’s Strict Liability Statute Regarding Dog Bites

Husband and wife own and manage a retail establishment. Trying to promote the business as friendly and family-oriented, they often bring their dogs to the store. They also take pride in the cookies and favors they provide to prospective customers. One day, husband and wife bring their Akita dog to work, securing it on a leash in the back of the store. When a co-employee, Smith, goes to the back of the store to retrieve cookies for customers, she’s attacked by the dog. Smith seeks and recovers workers’ compensation benefits from her employer and then files a tort action against the husband and wife under a special Iowa statute making the owners of dogs strictly liable for bite-related injuries. Husband and wife contend the strict liability action is barred by the exclusive remedy rule.

HOW WOULD YOU DECIDE?

In Smith v. Elick, 2009 Iowa App. LEXIS 24 (January 22, 2009), the Court of Appeals of Iowa determined that the workers’ compensation exclusiveness defense trumped the state’s strict liability “dog bite” statute. The case is generally in line with decisions from other states which hold that the exclusivity defense is generally successful against all sorts of actions filed under Employers’ Liability Acts, Structural Work, Scaffold, Defective Machinery Acts, RICO, and Labor Laws. For further information, see Larson’s Workers’ Compensation Law, Ch. 100, § 100.03.

Tom Robinson, J.D. is the primary upkeep writer for Larson’s Workers’ Compensation Law (LexisNexis) and Larson’s Workers’ Compensation, Desk Edition (LexisNexis). He is a contributing writer for California Compensation Cases (LexisNexis) and Benefits Review Board – Longshore Reporter (LexisNexis), and is a contributing author to New York Workers’ Compensation Handbook (LexisNexis). To say the least, Attorney Robinson is an authority in the area of workers’ compensation and we are thrilled to have him as a Guest Contributor. Tom can be reached at: [email protected].

Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.