Dog bites happen more often than most people realize, and the question of liability isn’t always straightforward in Indiana. Unlike some states that impose strict liability on dog owners, Indiana follows what’s known as the “one-bite rule” with some important exceptions.
At Ward & Ward Personal Injury Lawyers, we help injured victims understand their rights after a dog attack. The answer to whether an owner is liable depends on several factors, including the dog’s history and the circumstances of the bite.
The One-Bite Rule Explained
Indiana generally follows the one-bite rule, which means a dog owner may not be held liable for the first bite if they had no reason to know their dog was dangerous. This doesn’t literally mean the dog gets one “free” bite. Rather, it means the owner must have had prior knowledge of the dog’s vicious tendencies.
Prior knowledge can include:
- Previous biting incidents
- Aggressive behavior toward people or other animals
- Growling, snapping, or lunging at others
- Training the dog to be aggressive
If the owner knew or should have known about these tendencies, they can be held liable even if the dog never bit anyone before.
When Strict Liability Applies
Indiana law does impose strict liability in certain situations. Under Indiana Code 15-20-1-3, a dog owner is automatically liable if their dog injures someone while the victim was:
- Acting peacefully
- In a place where they had a legal right to be
This statute removes the need to prove the owner knew about dangerous tendencies. However, it only applies to injuries, not necessarily all forms of property damage.
Negligence Claims In Dog Bite Cases
Even without proving prior knowledge of aggression, you may have a claim based on negligence. A Westfield personal injury lawyer can help you establish negligence if the owner failed to exercise reasonable care in controlling their dog.
Common examples of negligence include:
- Allowing a dog to roam freely off-leash in violation of local ordinances
- Failing to properly secure a fence or gate
- Ignoring leash laws in public spaces
- Leaving a dangerous dog unsupervised with children
When negligence is proven, the owner can be held responsible regardless of the dog’s history.
Defenses Dog Owners May Raise
Dog owners aren’t always liable, even when their dog bites someone. Indiana law recognizes several defenses that can reduce or eliminate liability.
Trespassing: If you were unlawfully on the owner’s property, they may not be liable. The strict liability statute specifically requires the victim to be lawfully present.
Provocation: If you provoked the dog through teasing, hitting, or other aggressive actions, the owner may argue you caused the attack. This defense can be difficult to prove, especially in cases involving children who may not understand they’re provoking an animal.
Assumption of Risk: In some cases, if you knowingly put yourself in danger around a dog with obvious aggressive tendencies, the owner might argue you assumed the risk.
What To Do After A Dog Bite
If a dog bites you, take these steps to protect your health and legal rights:
- Seek medical attention immediately, even for minor bites
- Report the incident to local animal control
- Get the dog owner’s contact and insurance information
- Document your injuries with photographs
- Collect contact information from any witnesses
- Keep records of all medical treatment and expenses
Medical attention is particularly important because dog bites can lead to serious infections, nerve damage, and scarring. According to the Centers for Disease Control and Prevention, approximately 4.5 million dog bites occur in the United States each year, with one in five requiring medical attention.
Compensation Available In Dog Bite Cases
When liability is established, you may recover compensation for various damages. We work with clients throughout Indiana to pursue fair compensation that covers:
- Medical bills, including emergency care and follow-up treatment
- Lost wages if injuries prevent you from working
- Pain and suffering
- Scarring and disfigurement
- Psychological trauma, including fear of dogs
- Future medical expenses for ongoing treatment
Children who suffer dog bites may face particularly significant long-term effects, both physical and emotional. A Westfield personal injury lawyer can help families understand the full scope of damages their child may be entitled to recover.
Time Limits For Filing A Claim
Indiana gives you two years from the date of the dog bite to file a personal injury lawsuit. This deadline, called the statute of limitations, is strict. If you miss it, you’ll likely lose your right to seek compensation.
Don’t wait to take action. Evidence can disappear, witnesses’ memories fade, and important documentation may be lost over time.
Moving Forward After A Dog Bite
Dog bite liability in Indiana isn’t always black and white. While owners aren’t automatically liable for every bite, they can be held responsible when they knew about their dog’s dangerous tendencies, when strict liability applies, or when their negligence led to the attack.
If you or a loved one has been bitten by a dog, we can review your case and explain your legal options. Contact us to discuss the specific facts of your situation and learn how we can help you pursue the compensation you deserve.
