Man’s best friend can also unfortunately mean someone’s worst day. A category of personal injury that happens more frequently than we like to admit is being bitten or attacked by a dog. Dog bites can be serious, leading to medical treatment and expenses, emotional trauma, and potentially disfigurement or death. Indiana has specific laws in place to protect victims of dog bites and to hold dog owners accountable for injuries caused by their pets. If you or a loved one has been bitten by a dog in Indiana, it’s crucial to understand your legal rights and responsibilities.
Dog bites are determined by two legal categories: negligence and strict liability. Negligence is far more common, because strict liability will only apply if you are a member of a protected class. Under Indiana Code § 15-20-1-3, which states “Sec. 3. (a) If a dog, without provocation, bites a person: (1) who is acting peaceably; and (2) who is in a location where the person may be required to be in order to discharge a duty imposed upon the person by: (A) the laws of Indiana; (B) the laws of the United States; or (C) the postal regulations of the United States; the owner of the dog is liable for all damages suffered by the person bitten. (b) The owner of a dog described in subsection (a) is liable for damages even if: (1) the dog has not previously behaved in a vicious manner; or (2) the owner has no knowledge of prior vicious behavior by the dog.”
To break that legal jargon down, the only type of protected class member who can use strict liability is like a postal mail worker or police officer who is performing their regular duties in a peaceful manner; everyone else has to rely on the “one-bite” rule and negligence. Dog owners are generally liable if they knew or should have known their dog was dangerous, or if they were otherwise negligent in keeping and controlling their dog. The common misconception is that every dog is allowed one bite before they are in trouble or held responsible-that is simply incorrect. It means owners are not generally liable for a dog’s first bite if they had no prior knowledge of the dog’s viciousness, but not if the dog is of a certain breed, if the owner was not controlling or properly training their dog, such as such as failing to keep it on a leash or in a secure area.
There are always unique and specific factors to every dog bite injury that can change the legal analysis and outcome: whether the victim is lawfully in a public or private place; whether the dog was known to have a dangerous propensity; whether the dog owner recklessly, intentionally, or knowingly failed to stop the dog from injuring someone. Comparative fault may be used as a defense as well. If the victim’s actions contributed to the bite occurring, their compensation may be reduced based on the percentage at fault. For example, the victim may be partially at fault if they were trespassing on private land or provoking the dog, such as teasing or abusing. This means the dog owner’s liability could be reduced.
All dog bites must be reported to the local state health department in Indiana. If you have been a victim of a dog bite, you can potentially pursue a personal injury tort claim to recoup your medical expenses, lost wages or opportunities, physical pain and mental suffering, and/or emotional distress.
Confused about a legal issue? Need help with a dog bite claim? Connect with an experienced attorney who can help you navigate the legal process and provide you with assistance. Finderson Law LLC offers free consultations to discuss your case. Give our firm a call at (260) 420-8600, use the chat box on our website, or text us using the website link!
We are always here to help bring our clients comfort, hope and ease regarding the complications of the law. As attorneys Roger Finderson and Delaney Finderson is now licensed in Florida, we are happy to help Floridians alongside our Hoosiers in every way.
744 E Till Rd, Suite 102
