According to the CDC, more than 4.5 million people are bitten by dogs in the United States each year. Dog bites can lead to serious injuries and emotional trauma, making it essential for victims to understand their rights under Indiana law. Here’s a closer look at what you should know about dog bite laws in Indiana.
The One Bite Rule
In Indiana, it has been held that “animals are not necessarily entitled to one free bite before their owners are held liable in negligence.” A dog owner in Indiana is required to keep his dog under reasonable care and control even if he is unaware of any dangerous or vicious propensities in the dog. Without knowledge of the dog’s dangerous or vicious propensities, the owner may become liable for damages the dog causes where the owner is otherwise negligent in his manner of “keeping and control” of the dog.
In Indiana, the law holds dog owners responsible if the owners knew or should have known the dog was likely to bite others without being provoked. In other words, if the owner had knowledge that the dog has the “dangerous propensity” to harm another person. Indiana courts have defined “dangerous propensity” as “a propensity or tendency of an animal to do any act which might endanger the safety or person or property in a given situation. It is the act of the animal and not in the state of mind of the animal from which the effects of a dangerous propensity must be determined.” Courts have stated that it is not reasonable to attribute dangerous or vicious propensities to a dog merely because he barks at strangers, because a person is afraid of the dog, or because a city ordinance requires a dog to be restrained at all times. This law encourages owners to be responsible for their pets and to take necessary precautions to prevent harm.
Negligence Per Se
The violation of an animal control ordinance is actionable as negligence per se, which means the dog owner is automatically considered negligent and liable for their actions. In one Indiana case, a boy who was technically trespassing was bitten by an unleashed dog. Since the city ordinance required the dog to be “under restraint,” the court held that dog owners violated the ordinance even though the dog was on its owners’ property. It stated, “the unexcused or unjustified violation of a duty proscribed by a statute or ordinance constitutes negligence per se if the statute or ordinance is intended to protect the class of persons in which the plaintiff is included and to protect against the risk of the type of harm which has occurred as a result of the violation.”
Landlord Liability
It is often quite difficult to hold a landlord liable for a dog bite incident for a tenant. Indiana recognizes a limited duty on the part of landlords and landowners to protect third parties to protect dangerous dogs harbored by tenants. There is a two-prong test for landlord liability: the first prong of that test is whether the landlord retains some control over the premises where the dog is kept, and the second is whether the landlord had knowledge, at the time of the injury caused by a dog, of the dog’s dangerous propensity.
Reporting Dog Bites
If you or someone you know has been bitten by a dog, it’s crucial to report the incident to local authorities. Indiana law mandates that all dog bites be reported to the county health department, which can help prevent the spread of rabies and ensure that the dog is quarantined if necessary. Documenting the incident, including taking photos of injuries and gathering witness information, can significantly strengthen any potential legal claims.
Conclusion
Victims of dog bites in Indiana may be entitled to compensation for medical expenses, lost wages, pain and suffering, and emotional distress. Dog bite cases can be complex, and the outcomes often depend on the specific facts of each case. It’s advisable to consult with a personal injury attorney experienced with dog bite cases. An experienced attorney can help navigate the legal process, assess the specifics of your case, and work to secure the compensation you deserve.
Give the experienced Indianapolis personal injury attorneys at Banks & Brower a call today. We are available 24/7/365 at info@banksbrower.com or by phone at 317.526.4630.