You can use several legal theories to prove that a dog’s owner or another party is at fault in a dog bite case in Indiana, including negligent handling of the dog, violation of a leash ordinance, and using the “one-bite rule” to show the dog had known violent tendencies.
An experienced Indiana dog bite lawyer at Truitt Law Offices can explain the specific elements you will need to prove to establish fault based on the circumstances of the bite in your case and the legal doctrines that may apply.
How Does Indiana Handle Dog Bite Liability?
Indiana handles dog bite liability in the following ways:
- Negligence – Under Indiana law, dog owners are responsible for handling and caring for their dogs, even if those dogs have never shown violent tendencies before. So, an owner could be liable in a dog bite lawsuit if their carelessness allowed their dog to bite someone else, such as failing to intervene if their dog acts aggressively toward a lawful visitor on their property. There are exceptions to this rule for victims who are on someone else’s property unlawfully or who provoked the dog to attack.
- Negligence Per Se – Indiana will also hold a dog owner liable if their dog was at large in violation of a local ordinance. Negligence per se is a particular type of negligence based on a person’s violation of a safety rule. For example, in the above case, the court found an owner liable after their off-leash dog attacked a child on their property, even though the child was trespassing at the time. The court noted that the dog was not “under restraint” as required by a Hammond city ordinance.
- The “One-Bite” Rule – Finally, Indiana follows what’s called a “one-bite rule,” meaning that the owner of a dog that has shown violent tendencies in the past knows that the animal has a “dangerous propensity” to attack and is therefore responsible in the event of an attack.
What Is Indiana’s One-Bite Rule?
Indiana holds the owner of a “dangerous dog” strictly liable when that dog bites someone. Strict liability means that the victim only needs to show that a dog is inherently dangerous and that the dog bit them to demand the owner pay them for their injuries. A dog is a “dangerous dog” if it has attacked someone before. In other words, “one bite” lets the dog’s owner know that it is inherently dangerous and needs to be cared for accordingly.
How Do You Prove the Dog Owner’s Fault?
The following are ways to prove a dog owner’s fault, depending on the circumstances of the dog bite:
- The dog’s owner let the dog run free and did not stop the dog from attacking you.
- The owner lacked sufficient fencing around their yard to prevent their dog from getting loose.
- The owner was aware of the dog’s prior aggressive behavior.
- The owner let the dog off-leash in violation of local ordinances.
What Evidence Can Help Establish Fault in an Indiana Dog Bite Case?
It takes evidence to prove that a dog’s owner is at fault for their animal’s behavior, such as the following:
- Medical records and treatment notes
- Video from surveillance, cell phone, or doorbell cameras
- Photos of the bite wounds, the injury scene, or the dog off its leash
- Testimony from eyewitnesses who saw what happened
- Statements from neighbors who knew the dog was dangerous
- Reports from law enforcement officers and/or animal control officers
What Possible Defenses Can the Owner Use in an Indiana Dog Bite Case?
As the person alleging that someone else is at fault for your dog bite injuries, it’s up to you to prove your case. To that end, the owner might argue the following:
- The Dog Had Not Previously Bitten Anyone – If you’re pursuing a strict liability claim under Indiana’s “one-bite rule,” the dog’s owner might seek to show that the dog either hadn’t bitten someone before, or that they were unaware of that fact. However, you could still win a negligence-based case even if the owner proves this.
- You Provoked or Taunted the Dog – Indiana law understands that dogs will attack when provoked. The owner might allege that you taunted or threatened the dog before it attacked.
- You Were Not Lawfully on the Property – Under most circumstances, dog owners aren’t liable for injuries their animals cause to people who are trespassing on their land. However, Plesha v. Edmonds established that trespassing may not be an effective defense if the dog was also off-leash in violation of a city ordinance.
What Compensation Could Be Available for a Dog Bite Injury Claim in Indiana?
Compensation in a dog bite injury claim in Indiana can include money for the following:
- Medical expenses, including emergency treatment, hospital bills, surgeries, medication, rehabilitation, and physical therapy
- Lost wages for time missed from work during recovery
- Loss of future earning capacity if the injuries cause long-term limitations
- Pain and suffering resulting from physical injuries
- Emotional distress, including anxiety, fear of dogs, PTSD, and psychological trauma
- Scarring and disfigurement, particularly for permanent or visible injuries
- Property damage, such as torn clothing, smashed eyeglasses, or a broken phone
Contact an Indiana Dog Bite Lawyer Today
Have you been bitten by someone else’s dog in Indiana? If so, turn to Truitt Law Offices for the help you need to demand fair compensation for what you’ve suffered.
For over 40 years, our personal injury lawyers have been winning cases on behalf of people in situations like yours, helping them recover the money they need to put their lives back together. For example, we recovered $1 million for a woman who suffered long-lasting scars after a dog attacked her at an Indianapolis business.
As another former client, Isaiah Ordaz, said of his experience here:
“They made the whole process so easy and convenient for me. I would recommend them to any friends or family that need an injury attorneys office. The whole crew were cool and great to work with. Thank you.”
Find out what our Indianapolis dog bite attorneys can do for you when you contact Truitt Law Offices for your free consultation.
