The state of Iowa has agreed to pay $85,000 to the Cedar Rapids family of a 3-year-old boy who was bit in the ear by a bomb-sniffing police dog patrolling Kinnick Stadium during a Hawkeye football game in September 2022.
The boy — now 5 years old — was at the game with his parents, Joslin and Joshua Johnson, who sued the state in August 2024 for negligence. According to their lawsuit, when they saw the dog at the game, the parents asked an employee from the State Fire Marshal’s Office if their son could pet him, to which the employee agreed.
“While (the boy) was trying to pet the service dog, the service dog bit (him) on the right ear, causing wounds that required medical treatment,” according to the family’s lawsuit, asserting the state and its employees should have perceived the risk to a small child of having a police dog in a crowd of nearly 70,000 football fans.
They, on the other hand, would not have been expected to know that a trained dog “would act in a way to actually harm a member of the public,” according to the lawsuit.
“It is self-evident that a 3-year-old, after asking and being granted permission, would not expect a service K-9 to bite or attack,” the lawsuit asserted, placing blame on the canine’s handler.
“The fact that an Iowa State fire marshal service K-9 bit or attacked a member of the public without being ordered to do so establishes negligence in the training or handling of that service K-9,” according to the lawsuit.
In recommending a settlement, Assistant Attorney General Ryan Pell said, “There is very little issue about liability.”
“The plaintiffs have medical records and a letter indicating that the child will require surgery to help repair the scarring from this injury,” according to Pell’s recommendation. “Even with surgery, the child will likely still have permanent scarring.”
The total settlement of $85,000 was approved Tuesday by the State Board of Appeals.
www.thegazette.com
The boy — now 5 years old — was at the game with his parents, Joslin and Joshua Johnson, who sued the state in August 2024 for negligence. According to their lawsuit, when they saw the dog at the game, the parents asked an employee from the State Fire Marshal’s Office if their son could pet him, to which the employee agreed.
“While (the boy) was trying to pet the service dog, the service dog bit (him) on the right ear, causing wounds that required medical treatment,” according to the family’s lawsuit, asserting the state and its employees should have perceived the risk to a small child of having a police dog in a crowd of nearly 70,000 football fans.
They, on the other hand, would not have been expected to know that a trained dog “would act in a way to actually harm a member of the public,” according to the lawsuit.
“It is self-evident that a 3-year-old, after asking and being granted permission, would not expect a service K-9 to bite or attack,” the lawsuit asserted, placing blame on the canine’s handler.
“The fact that an Iowa State fire marshal service K-9 bit or attacked a member of the public without being ordered to do so establishes negligence in the training or handling of that service K-9,” according to the lawsuit.
In recommending a settlement, Assistant Attorney General Ryan Pell said, “There is very little issue about liability.”
“The plaintiffs have medical records and a letter indicating that the child will require surgery to help repair the scarring from this injury,” according to Pell’s recommendation. “Even with surgery, the child will likely still have permanent scarring.”
The total settlement of $85,000 was approved Tuesday by the State Board of Appeals.
Settlement reached after police dog bit 3-year-old at Hawkeye football game
The State of Iowa has agreed to pay $85,000 to the Cedar Rapids family of a 3-year-old boy who was bit in the ear by a bomb-sniffing K9 patrolling Kinnick Stadium during a home Hawkeye football game in September 2022.
www.thegazette.com
