Dog bite injuries can lead to severe physical and emotional trauma. Recovering damages in Indiana for dog bite injuries involves understanding the state's dog bite laws. Indiana's legal framework for dog bite injuries holds the dog's owner or boarder liable only under specific conditions, which can significantly impact the outcome of a personal injury case.

Indiana follows a modified version of the "one-bite rule." It means that a dog's owner can be held liable for injuries caused by their dog only if they knew or should have known that the dog was likely to bite or act aggressively. This rule stems from the principle that the first bite or act of aggression provides notice to the owner of the dog's dangerous tendencies. If an owner has prior knowledge of their dog's propensity for aggression, they are expected to take reasonable measures to prevent future incidents. Evidence such as previous bites, aggressive behavior, or complaints from neighbors can be used to establish the owner's knowledge of their dog's dangerous tendencies.

A victim can hold a dog’s owner or boarder liable for negligence if it can be proven that the owner failed to take appropriate measures to restrain the animal and protect the public. Negligence in dog bite cases typically involves the owner not adhering to leash laws, failing to confine the dog within a secure area, or not warning others about the dog’s aggressive nature. To establish negligence, the victim must demonstrate that the owner or boarder had a duty to control the dog, breached that duty by not taking reasonable steps to prevent harm, and that this breach directly caused the victim's injuries.

Indiana also has a strict liability statute that creates a limited exception to the one-bite rule. According to Indiana Code § 15-20-1-3, if a dog bites a public official who is performing their duties, the owner is strictly liable for the injuries caused. This statute applies to law enforcement officers, firefighters, postal workers, and other public officials who are lawfully on private property in the course of their duties. Under strict liability, the owner is liable regardless of whether they knew or should have known about the dog’s aggressive behavior. The victim does not need to prove that the owner was negligent or aware of the dog’s dangerous propensities.

For individuals who have suffered a dog bite, it is necessary to gather evidence to support the claim. This includes medical records, photographs of injuries, witness statements, and any documentation of the dog's history of aggression. Consulting with an experienced personal injury lawyer can significantly enhance the chances of a successful claim by navigating the complexities of Indiana's dog bite laws and ensuring that all legal avenues are explored.

If you or a loved one has suffered harm from a dog bite anywhere in Indiana, speak with the personal injury lawyers at Rubino, Ruman, Crosmer & Polen in Dyer right away. Set up a free initial consultation by calling 219-227-4631 or by contacting us online.