Indiana Dog Bite Laws

Indiana’s dog bite statute, Indiana Code 15-20-1-3, imposes strict liability on dog owners under a narrow set of circumstances. Specifically, a dog owner can be held strictly liable for bite injuries sustained by a person who was (1) acting peaceably, and (2) in a location where they were required to be while carrying out a duty under state or federal law. This statute protects dog bite victims who were working as government employees (for example, postal workers) at the time of the bite. There is an exception under which owners are not held liable if the victim provoked the dog.

For other types of victims, the Indiana Court of Appeals has explained that the owner may be held liable if they knew or should have known about their dog’s dangerous propensities, they failed to take reasonable steps to protect others from the dog, and the victim’s injuries were a result of that failure. This rule combines elements from the “one-bite” rule and negligence principles. An owner may be found to have had knowledge of the dog’s dangerous propensity based on its past behavior or its natural or instinctual propensities.