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Dog bite incidents can have serious consequences, both physically and emotionally. If you or a loved one has been bitten by a dog in Indianapolis, it is essential to understand Indiana’s laws and your rights. Eskew Law offers insight on the general guidelines surrounding dog bite incidents, including dog owner responsibilities, negligence, and landlord liability.
The Basics of Indiana’s Dog Bite Laws
Indiana law holds dog owners accountable for the actions of their pets. The state does not strictly follow the “one bite rule” that is common in many states. Instead, it has a modified approach that does not give dogs a “free pass” for one bite in every situation. Instead, the owner’s knowledge of the dog’s dangerous propensities can play a significant role in determining liability.
Does Indiana follow the One-Bite Rule?
Indiana does not strictly follow the one-bite rule, meaning that a dog owner does not always get a free pass the first time their dog bites someone. If a dog has a history or a propensity to bite, and the owner knew or should have known about it, they may be held liable. This rule encourages dog owners to take proactive steps in controlling their animals, even if the dog has not bitten anyone previously.
Dangerous Propensities and Dog Owners’ Liability in Indiana
A dog owner may be held liable for injuries caused by their dog if the owner knew or should have known that the dog was dangerous. Dangerous propensity refers to a dog’s tendency to act in a manner that could endanger another person or property.
This is not simply based on the dog’s behavior in general (like barking at strangers) but also on the following:
- It’s breed
- Past actions
- Known temperament
Courts often determine whether a dog has dangerous propensities by considering the dog’s behavior in past encounters.
Negligence Per Se and Animal Control Ordinances
Indiana law also incorporates a legal principle called “negligence per se,” which means that if a dog owner violates an animal control ordinance (such as not keeping a dog on a leash), they are automatically considered negligent.
For example, if a dog bites someone while running loose in violation of a local leash law, the owner may be held liable without the need to prove negligence further.
What liability does a landlord have in a dog bite case?
Landlords are generally not liable for dog bites committed by tenants’ dogs unless specific conditions are met. If the landlord has control over the area where the dog is kept and knows or should know that the dog has a dangerous propensity, they may be held accountable. Landlords can protect themselves by ensuring tenants comply with animal control ordinances and informing them of potential risks.
How to Report a Dog Bite as a Victim in Indiana
If you or someone you know has been bitten by a dog, it is important to report the incident to local authorities. Indiana law mandates that dog bites be reported to the county health department. This helps ensure that the dog is quarantined for rabies testing and that future risks are minimized. Reporting the incident is crucial, as it can also strengthen a potential legal claim by establishing a formal record.
Compensation for Dog Bite Victims
Victims of dog bites may be entitled to compensation for the following:
- Medical expenses
- Lost wages
- Emotional distress
- Pain and suffering
However, obtaining compensation depends on the specifics of each case, including whether the owner was negligent or violated any laws.
Frequently Asked Questions (FAQs)
What should I do if I am bitten by a dog in Indiana?
First, seek medical attention, especially if the wound is deep or if there is any suspicion of rabies. Then, report the bite to local authorities and gather as much information as possible, such as the dog’s vaccination records and contact information for the owner and any witnesses.
How do I know if I can file a claim for a dog bite in Indiana?
If you can prove that the dog had a dangerous propensity and the owner knew or should have known about it, or if the owner violated a local ordinance, you may have grounds to file a claim. Consulting with an experienced Indianapolis dog bite attorney can help assess the strength of your case.
Can I sue the landlord if I am bitten by a tenant’s dog?
Landlord liability is limited in Indiana. However, if the landlord had control over the area where the dog was kept and knew of the dog’s dangerous tendencies, you might have a case. Consulting with a lawyer can help determine the likelihood of success in such a claim.
What is negligence per se, and how does it apply to dog bite cases?
Negligence per se occurs when a dog owner violates an animal control ordinance, such as not keeping their dog on a leash. In these cases, the owner may automatically be considered negligent, which simplifies the process of proving liability in a dog bite case.
How much compensation can I receive for a dog bite injury?
Compensation can vary widely depending on the severity of the injuries and the circumstances surrounding the bite. Victims may be entitled to compensation for medical bills, lost wages, and emotional suffering, among other damages.
Key Takeaways
Indiana’s dog bite laws are designed to protect both individuals and pets by ensuring that dog owners take reasonable steps to prevent harm. While Indiana does not follow a strict one-bite rule, the law still holds owners accountable if their dog shows a dangerous propensity to bite. If you or a loved one has been injured by a dog, reporting the incident and consulting with an Indianapolis dog bite attorney can help ensure you receive the compensation you deserve.
If you are unsure about your legal options and have been bitten by a dog in Indianapolis, contact Eskew Law to be put in touch with an attorney experienced in dog bite cases to guide you through the process.
