Key Characteristics of Indiana Dog Bite Legislation
Indiana does not have any specific statutes dealing exclusively with dog bite cases. Instead, courts rely on common law or case law to decide dog bite cases, which are basically nuisances or strict liability matters. There are five interrelated categories or principles of liability that a victim of a dog bite or attack can rely upon, including negligence, negligence per se, scienter, shared liability or contributory negligence, and strict liability.
Negligence is the failure to use ordinary or reasonable care under the circumstances. Thus, if the owner of the dog failed to restrain the dog (e.g. the owner allowed the dog to run free, knowing it often escaped and attacked people) and you were bitten as a result, you may have a negligence claim.
There is also negligence per se, which is basically a form of negligence that is based on a statute or regulation that has been violated, such as the prohibition of dogs running at large. Therefore, if your injury is caused by a violation of a state or municipal dog leash law, a claim for negligence per se may be warranted. However, it is not a guarantee, as there are other elements of liability that must be shown.
Scienter is another negligence-related principle that requires an injured party to show that the dog owner knew or had reason to know of the dog’s dangerous or vicious propensities. If a victim can establish that the victim had such knowledge, the owner can be held liable . Thus, if a dog owner knows or should know that his/her dog is hostile or aggressive, the owner will be held liable for injuries to others caused by his/her pet.
Then there is shared liability or contributory negligence, which tends to come into play when the injured victim is not the only one at fault for the incident. For example, if the injured person was teasing the dog directly before the attack, such behavior may contribute to the incident and the resulting injuries. By being at fault, the injured person’s damages may be reduced in proportion to the person’s share of the fault. One example of this scenario would be if a dog attacks someone while the person was trying to take something directly from the dog’s mouth. The dog owner may also be found partially liable.
Finally, there is strict liability, which holds the dog owner responsible for any harm caused by the dog, regardless of the owner’s culpability. Today, strict liability is the most frequently used case theory to establish a dog owner’s liability in a dog bite case. Indiana has the kinder, gentler dog bite laws, requiring that the injured party show that the dog at issue was vengeful or threatening prior to the attack. Thus, the injured party must show that the injured party was not trespassing or provoking the dog, and that the dog owner knew or should have known of the dog’s prior conduct.
Strict Liability & Obligations of Pet Owners
There are various statutes in Indiana that dictate strict liability for dog owners. One such statute follows:
According to Indiana Code 15-20-1-3, "animal running at large" means "a domesticated animal that:
(1) Is off the owner’s property; and
(2) Is not under the owner’s physical control or restraint
by a fence or other structure."
According to IC 15-20-1-3.5, "dog" means "a domesticated member of the Canis familiaris species."
This is a very clear law that dictates strict liability for dog owners when a dog runs off its owner’s property. If the dog runs off its owner’s property, and is not restrained by a fence, or on a leash or unmanaged in any way, the owner of the dog is strictly liable.
If the owner knows the dog has any tendencies to be aggressive, the owner has the responsibility to manage the dog adequately to prevent any injuries from occurring because of the dog.
A dog running at large may only occur if the owner of the property allows it to happen. When people live in close proximity with one and other, such as in homes, apartments, or towns, the allowing of a dog to run at large can become an issue. It is the responsibility of the owners of pets to make sure that their pets remain on their own property unless they are on a leash or supervised in another way.
If a dog does run at large, and causes any injury, the dog owner is liable for the injury.
Entitlements for Victims of Animal Injuries
Recovering compensation for medical expenses, lost income, pain and suffering, and damages for psychological trauma caused by the attack is essential to successful recovery. As with any personal injury claim in Indiana, evidence of losses, both Economic Damages and Pain and Suffering, are the foundation of a successful claim. In most cases, the injured party’s right to collect damages in a dog bite case is also based on whether there is insurance coverage for the incident. If the incident occurs while the dog is on its owner’s or caretaker’s property and the insurance policy covers accidents or dog bites, the injured party can collect damages directly from the insurance company. Also, if the dog involved in the attack or bite has been designated as a dangerous or vicious dog by local ordinance or the Indiana State Board of Animal Health, the dog owner may be taking a huge risk by owning and caring for the dog. Many uninsured dog bite victims have worked with attorneys to collect damages from homeowners improperly maintaining an aggressive or dangerous dog. A dog owner who allows their pet to run free from a fenced-in property, or who releases the dog back into the home or yard after a designated "playtime" is risking civil liability. An injured victim has the right to enter the property where the dog is housed and capture evidence in the form of photographic or video images or gatherings via witness statements. As long as the person entering the property does not destroy any physical property, a judge may rule that the evidence is admissible at trial. If the dog is owned by a neighbor, the victim might have the right to enter the owner’s property to obtain evidence of the incident and injuries, including:
Email Addresses and Telephone Numbers of Witnesses
Nametags, Vaccine Containers, and Paperwork from ABS or a Local Animal Hospital
Names and contact information for all family members in the home
Interview with all witnesses
Photos or video of the scene of the attack
Photos or video of the dog that attacked you
Photos or video of any injuries, bruises, or lacerations
Photos or video of your house or yard before and after the attack
Video of damage to and/or from vehicles on your property
Evidence of an aggressive dog’s barking, howling, or yelping
Witness statements regarding fears and anxiety related to excessive barking or howling
Video of your diagnosis session with your doctor or therapist
Review of video security footage of the entire incident (if available)
Personality and medical assessments of the dog that attacked you
Recording of your telephone call to animal control or local law enforcement reporting the attack
Photos of your clothing and body immediately after the attack
Ralph E. Haverkampf is the founder and senior trial attorney in the Law Office of Ralph E. Haverkampf. Since 1986 Mr. Haverkampf has been providing effective personalized legal representation to clients throughout the State of Indiana including Elkhart County, Hamilton County, St. Joseph County, Marshall County and Kosciusko County. His practice focuses on personal injury, family law, probate and elder law.
Legal Defenses for Owners Accused of Dog Biting
In Indiana, defendants in dog bite cases have some potential defenses. For example, one recognizes the notion that a dog can be provoked into defending itself against an alleged attack. This includes instances where the injured individual was actually trespassing on the property or unlawfully entering into the home of the defendant. Although this defense does attempts to place the blame back on the Plaintiff, it must be substantiated so that a determination can be made as to whether the owner of the dog has acted with reasonable care under the circumstances. With this particular type of defense, no longer is the owner automatically found to be at fault if the Plaintiff is deemed as being the true aggressor.
Another defense that may be raised in an effort to prevent liability is the protection of property defense. By way of example, although property owners owe a duty to protect reasonably all individuals on the property from harm, this does not apply to a trespasser who is committing a crime. This defense essentially protects the property owner from liability if he or she has asserted reasonable force to remove the trespasser from the property. However, this does not justify the use of deadly force.
Time Constraints to File a Dog Bite Claim
Indiana has a statute of limitations on when a case must be filed. In most personal injury cases, you have two years from the date of the accident to file your lawsuit. If you miss that date, you will lose your right to recover for the injuries you sustained in the accident, i.e., the defendant gets off free. When it comes to dog bite cases, the same two year rule applies, however in dog bite cases, the court has the ability to extend the time limits for one year from the date of the injury if certain conditions are met. In other words, if your case is two years old and you need an extension, you might qualify for one more year. In order for the court to grant a plaintiff an extra year, the victim must prove to the court that it was impossible to file the case within the two year time limit. A plaintiff can prove this by showing that the dog had never bitten anybody before, meaning that there was no provable negligence on the part of the owner . Without provable negligence, the statute of limitations times out before the plaintiff can even file his or her complaint with the court. While you may not think it is important to hire a dog bite lawyer to handle your case, the fact is, a lawyer will know (and be able to prove) if you qualify for an extra year so that you do not run out of time to file your claim. While a dog bite claim may seem clear, it almost always ends up being more complicated than you think. We recommend that you contact our office to discuss your dog bite case. Assuming that the dog bite is the plaintiffs fault and that the owner cannot be proven to be negligent in the care of the dog, the clock is running once the dog bite happens. If you wait – even for a short period of time – before filing the case with the court, you could lose the chance to recover for your injuries and medical expenses.
Actions to Consider Following a Canine Injury
If you are bitten by a dog, it is critical to take steps to protect your health and your rights. Even if the dog that bit you was not known to be dangerous, it is possible for the animal to be infected with rabies or another disease. Rabies is a viral disease that can spread from animal to animal or from animal to human through bites. If left untreated, rabies can cause severe illness and even death. According to Indiana law, a dog owner can be held liable when their pet injures a human like you or kills another animal. However, before they can be held responsible, the owner’s negligence must be proven. You should never assume that the dog owner is automatically responsible. To begin protecting your health and your potential claim for damages, take these steps: After seeing a medical professional about your injuries, follow their recommendations and obtain any prescribed treatment. In many cases, victims of dog bites can quickly become pre-qualified for a structured settlement annuity intended to provide ongoing assistance. These arrangements can begin with the treatment and recovery, but can also extend into the long-term if necessary, providing a safety net as a victim works to recover from their injuries. After a dog bite, you have every right to seek compensation for your medical bills as well as for any lost wages due to your injuries. In order to pursue a claim, it is important to know your rights and the relevant laws in your state, and to understand your options.
Community Strategies & School Dog Incident Prevention
Preventing dog bites requires both responsible dog ownership and community-wide public education programs. To that end, inoculating dogs against rabies is an important first step. It is also essential that if a dog bites someone, the animal is quarantined until his or her health can be guaranteed by a veterinarian. Responsible owners will get their pets the necessary shots and see to it that they are never let out without a responsible adult accompanying them. While this seems like basic common sense, such commonsense IS NOT so common after all!
The county dog warden or city animal control should be notified immediately if a dog is permitted to run loose in violation of an ordinance, or if a dog bites anyone. Animal bites should NEVER be ignored or dismissed as harmless.
Late last year , the City of Fort Wayne adopted an ordinance aimed at reducing dog bites. The ordinance establishes liability for dog owners when a dog, whether or not vaccinated, bites a person or other domestic animal. The ordinance also imposes liability on the owner of a dog who injures a person when that injured person is attempting to protect his/her property; this does not apply if the dog is being provoked.
Education programs directed at the general public on the dangers of specific breeds may also be an effective tool to prevent dog bites. Social marketing campaigns that offer educational materials, appropriate containment fences, warning signs, and, when appropriate, public service announcements about sick or dangerous pets can provide valuable information. The effectiveness of this approach is in constant need of statistical evaluation.