Dogs may be fun pets, but they have sharp teeth and require proper training to prevent them from hurting others. Dog owners have a responsibility not only to take care of their pets but also to make sure that they don’t harm anyone. When a dog attacks or bites another person, dog owners may be on the hook for compensating dog bite victims.
If you were bitten or attacked by a dog, it is important to know if Indiana dog bite laws determine if you can successfully claim compensation for your injuries. At Dog Bite Laws, our dog bite lawyers are well-versed in dog bite laws in Indiana. Learn more about the one-bite rule in Indiana and how it may affect your case, and how we can help.
Definition and Explanation of the One Bite Law
Indiana Code, Title 15, Section 20-1 relates to dog bites, which states that Indiana dog bite law follows a one free bite rule. This doesn’t mean that a dog is allowed to bite or attack without consequences, but rather, that a dog owner shouldn’t be held liable for dog attacks if they didn’t have any inclination of their dog’s capacity to act aggressively.
Even though this law is in place, if you suffered serious bite injuries, you can still hold the dog owner liable in Indiana courts; however, you will be responsible for providing proof of the owner’s negligence. It is vital to consult an Indiana dog bite lawyer about this incident to get the legal support you need.
How Indiana’s Dog Bite Laws Compare to Other States
While the Indiana one-bite law may give dog owners a break in certain circumstances, other states follow strict liability for dog bites. This means that the dog owner will be held responsible without the victim needing to prove the dog owner was negligent.
Indiana also has special protections for when certain people suffer a dog bite injury on a dog owner’s property. When mail carriers, police officers, or other public service employees are performing their everyday duties, state law allows for holding owners liable, even if their dog never had an aggressive history.
When a postal employee carrying out postal regulations or another protected government employee was acting peaceably and did not provoke the dog, or they were bitten in a location where they had to carry out their legal duties, the owner will be liable for an Indiana dog bite incident.
Legal Implications of the One Bite Rule for Dog Owners and Victims
Dog owners can face liability for their dog’s behavior, even with the one bite rule, if they knew or should have known their pet would bite or attack without provocation. Victims have the right to seek compensation for their injuries through a dog bite case.
Additionally, owners may face criminal charges with a Class C misdemeanor, punishable with up to $500 in fines and the potential for up to 60 days in jail when they fail to take the steps to properly restrain their dog. When a dog enters another person’s property and attacks, this punishment may also apply. Consequent violations or causing death will result in more severe penalties for the owner.
Potential Legal Defenses in Dog Bite Cases
In states like Indiana that have the one bite rule, owners may try to defend themselves from these claims. For example, they may try to claim that the victim was trespassing and not an invited guest or someone performing the legal duties of their employment.
Another possible defense to the one bite rule is claiming that the victim provoked the animal, either on the owner’s property or in a public setting. Owners may also try to defend against implications by claiming they took reasonable steps to control their pet, or even that their dog was not the one responsible for the injuries.
What to Do If You Suffer a Dog Bite Injury
In order to have a successful claim in a one-bite rule state like Indiana, you should not delay seeking legal representation. Your medical bills and other damages caused by this event deserve compensation. Contact our legal team to schedule a free consultation and learn about your legal options with one bite rules.
