According to data published by the American Veterinary Medical Association (AMVA), Hoosiers love dogs. Approximately 49 percent of households in the state report owning a dog, meaning Indiana has the sixth-highest percentage of dog owners in the U.S.
Unfortunately, canine lovers know that even well-trained dogs sometimes bite or otherwise attack if they are in pain, afraid, or provoked. Sometimes dogs may bite for unknown reasons. A dog bite can be a severe injury that may require medical attention, stitches, or even surgery.
Dog owners are responsible for monitoring their dogs’ behavior and keeping them restrained at all times. Indiana has laws in place that hold dog owners accountable when their dogs injure other people. One of these laws is called the “one-bite” law.
In many cases, people misunderstand the one-bite law as a rule that gives dog owners a free pass when their dogs bite or injure other people. This can lead to the false belief that you rarely have grounds to file a claim when a dog bite occurs in Indiana. In reality, if you were injured in an Indiana dog bite incident, you could be entitled to compensation for your losses.
Contact the Fort Wayne dog bite attorneys Truitt Law Offices for a free consultation to learn more about what Indiana’s one-bite law could mean for you.
What Does Indiana’s One-Bite Law Actually Mean?
The idea behind one-bite laws is that dog owners shouldn’t be held liable for attacks if they had no prior knowledge of their dog’s capacity to be violent or aggressive. However, Indiana’s one-bite law does not mean that every dog is allowed one “free” bite with no consequences. After all, it would never be possible to know for sure whether a dog may have bitten someone in the past.
An Indiana dog owner may be held liable for bite injuries caused by their dog if you can prove:
- The owner was negligent or reckless because they failed to prevent their dog from biting or attacking someone.
- The owner knew or should have known that their dog had aggressive tendencies or was capable of biting someone.
Every dog is different, so it’s not always easy to tell when a dog’s behavior should be considered aggressive.
However, the following behaviors could indicate aggressive tendencies in dogs:
- Barking or growling loudly at neighbors, visitors, or passersby
- Snapping or biting at someone, even if the dog does not actually bite
- Charging into someone fast enough to knock them down
- Evidence that the dog bit another person in the past
Other factors could affect a dog bite case, too, such as the breed of the dog and whether the dog was properly restrained at the time of the attack.
If a dog bite victim can demonstrate that a dog owner was reckless or negligent in their duty to prevent the dog from biting someone, the owner may face criminal charges in addition to civil liability in a personal injury case. Penalties may include fines, community service, probation, or prison time. If a dog bite injury proves fatal, the owner may even be convicted of a felony.
What Is the Time Limit for Dog Bite Injury Cases in Indiana?
Section 34-11-2-4 of the Indiana Code sets the time limit for filing a dog bite injury lawsuit in the state. Under most circumstances, dog bite victims have two years from the date they were bitten or attacked to file a lawsuit against the dog’s owner or another at-fault party. If you try to file your suit after this deadline expires, the court may dismiss your claim without considering its merits.
Understanding Indiana’s Hybrid Dog-Bite Law System
Indiana has several laws that may allow dog bite victims to seek accountability for a dog attack, depending on the circumstances. Indiana’s hybrid system applies the “one-bite rule” and common negligence in some situations, and strict liability in others.
In cases where an animal has exhibited violent tendencies in the past (Doe v. Barnett, 1969), Indiana’s one-bite law applies. When a dog bites someone for the first time, its owner becomes aware of its violent tendencies and must take special precautions in the future.
Many dog bite claims in Indiana are based on the legal concept of negligence, or carelessness. A dog owner who fails to supervise their dog properly or violates a local leash law, resulting in the dog biting or knocking someone down, may be held financially liable for the resulting injuries and medical bills.
Several important court decisions have shaped Indiana’s dog bite law. The decision in Vetor by Weesner v. Vetor, in 1994, held that a grandfather was liable for a child’s injuries because he was supervising both his dog and the child, and the attack happened on his property. Furthermore, the 1999 case of Plesha v. Edmonds held that a pet owner’s violation of an animal control ordinance can establish their negligence.
For example, Indianapolis has a city ordinance requiring dogs in public parks to be on leashes or kept within three feet of their owners at all times. A dog owner may be found negligent if their dog is off-leash in a public place and attacks someone, causing serious injuries, even if the dog has never done so before.
The Strict Liability Exception for Certain Workers
In Indiana, certain workers are protected by Indiana dog bite law, Indiana Code 15-20-1-3, which establishes strict liability.
Indiana Code Section 15-20-1-3 holds dog owners liable when their dog bites a law enforcement officer, firefighter, animal control officer, meter reader, utility worker, postal worker, or mail carrier who must access private property when performing their duties.
The owner of a dog who bites or attacks one of these public servants is financially responsible for the injuries the dog inflicts if the public servant was performing their job duties at the time and did not provoke the animal.
Indiana’s hybrid legal system gives bite victims multiple ways to hold a dog’s owner liable. A knowledgeable Indiana dog bite attorney can review the circumstances of your injury and discuss whether you have a valid case.
Common Defenses in Indiana Dog-Bite Cases
Common defenses in Indiana dog-bite cases include arguing that:
- The victim provoked the dog – If the dog owner can show that the injured person intentionally taunted, threatened, hit, or otherwise provoked the dog, the owner may argue that the victim’s actions caused the attack. The success of this defense often depends on the specific facts and whether the dog’s response was reasonably foreseeable.
- The victim was trespassing on the owner’s property – A dog owner may argue they should not be held liable if the person bitten was unlawfully on private property when the incident occurred. However, Indiana does not always hold a trespasser solely liable for their own injuries.
- The defendant was not the owner or controller of the dog – Liability for a dog bite generally falls on the person who owned or had control of the animal at the time of the attack. The defendant might argue that they did not own the dog or have responsibility for supervising it and therefore aren’t responsible for the victim’s injuries.
- The owner had no prior knowledge of the dog’s violent tendencies – This defense relies on Indiana’s one-bite law. An owner may argue that they had no reason to believe the dog was dangerous because it had never shown aggressive behavior before.
An experienced Indiana dog bite attorney from Truitt Law Offices knows how to present evidence of Indiana dog attack injuries to counter defense arguments and assert your right to fair compensation. Our track record includes a $1 million verdict for a woman who suffered lasting scarring an injuries following a dog attack at an Indianapolis business.
When Can You Sue After a Dog Bite in Indiana?
You may have grounds to pursue a dog bite claim in Indiana if you were seriously injured after being attacked or bitten by someone else’s dog. The severity of your injuries is an important consideration in whether a lawsuit is an appropriate step. If you have severe injuries and high medical expenses, you are more likely to have a valid claim. A knowledgeable attorney can help you evaluate your options.
What Damages are Available in Indiana Dog Bite Cases?
If you’ve been seriously injured by someone else’s dog in Indiana, you could be entitled to claim compensation for the following expenses and losses:
- Medical expenses, including emergency room and hospital bills, surgery and other medical procedures, prescription medications, and physical therapy and rehabilitation
- Lost wages and loss of future earning capacity
- Pain, suffering, emotional distress, and mental anguish
- Permanent scarring, disfigurement, disability, or loss of function
- Loss of enjoyment of life
- Damaged property, such as damaged clothing, eyeglasses, or other personal belongings
Furthermore, close family members of someone who dies in a dog attack may be entitled to wrongful death damages.
What Injuries Does Indiana’s One-Bite Law Cover?
Indiana’s one-bite law also covers bites and other injuries. You could still be entitled to compensation if you were injured by a dog that lunged and knocked you down, or otherwise caused you to suffer bodily injuries.
Does Indiana have a Dangerous Dog Statute?
No, Indiana does not have a dangerous dog statute. Instead, the legal concept appeared in various court cases, including 1969’s Doe v. Barnett, which subsequent rulings cited and expanded on.
What If a Dog Bit Me in a Public Place or Sidewalk in Indiana?
You could be entitled to compensation if you were bitten while in a public place in Indiana. Indiana dog bite law Indiana Code 15-20-1-4 makes it a misdemeanor to recklessly, knowingly, or intentionally fail to take steps to restrain a dog, allowing it to leave the owner’s property and attack someone without provocation. A violation of this law could support a claim for compensation.
How Does the One-Bite Law Apply to Postal Carriers and Police Officers?
Mail carriers, police officers, and certain other public employees are more likely than most to come into contact with dogs during their everyday duties. Because of this, Indiana Code § 15-20-1-3 provides specific protections for those who sustain dog bites while carrying out their duties under federal law, state law, or postal regulations.
When someone else’s dog bites one of these protected employees, they can hold the dog’s owner liable even if the dog did not have a history of biting or aggressive behavior, as long as:
- The government or postal employee was “acting peaceably” in a way that did not provoke the dog.
- The government or postal employee sustained the bite in a location where they were required to be to carry out their legal duties.
What Are Your Rights in an Indiana Dog Bite Case?
When you suffer a dog bite injury, Indiana courts say you may have the right to sue the owner of the dog. If you can demonstrate that the owner was negligent and that their negligence contributed to your dog bite injury, you could claim money for any losses you incurred as a result of the injury.
In most cases, the dog owner’s homeowner’s insurance policy would pay your claim. With a successful claim, you could receive compensation for:
- Medical bills – The costs of any past, current, or future medical care related to the treatment of your dog bite injury
- Incidental costs – Additional expenses you incur as a result of the dog bite injury, such as costs of travel to and from doctor’s appointments
- Lost wages – The value of any reductions to your take-home pay caused by missed time at work while you recover from the injury
- Lost earning potential – The projected value of any losses in your long-term earning potential if your injury prevents you from returning to your usual job
- Pain and suffering – The subjective costs of any physical pain, mental anguish, or psychological suffering you endure because of the bite injury
When Do You Need Legal Help for an Indiana Dog Bite Case?
The moment you suffer a dog bite injury, you should start thinking about hiring a dog bite lawyer to protect yourself.
It’s usually a good idea to seek legal help for a dog bite case if:
- You suffered a serious bite injury that required expensive medical care.
- Your injuries will need extensive care, and you don’t yet know what your long-term treatment costs may be.
- You aren’t sure whether the dog owner is legally liable for their dog’s behavior.
- You don’t feel comfortable communicating or negotiating directly with the dog owner’s insurance company.
- You suspect the insurance company is minimizing the value of your claim.
- The insurance company has denied your compensation claim entirely.
Contact an Indiana Dog Bite Lawyer Today
At Truitt Law Offices, we have more than 40 years of experience serving injured victims in Indiana, including people injured in dog attacks.
We offer free initial consultations and do not collect legal fees unless we win compensation for you. There’s no risk to you when you reach out to our team for answers. Contact us today to discuss the details of your claim with a dedicated attorney.
