How Indiana’s Dog Bite Statute Works

Indiana takes a mixed approach to dog bite liability that differs from many other states. Most states adopt either a strict liability rule, under which owners are responsible for any bite regardless of prior behavior, or the traditional one-bite rule, under which liability requires proof that the owner knew the dog was dangerous.

Indiana uses both, depending on the circumstances. A strict liability statute applies in specific situations. For all other cases, liability is determined through the common law negligence standard, which generally requires evidence that the owner knew or should have known the dog posed a danger.

The Strict Liability Statute: IC § 15-20-1-3

Indiana Code § 15-20-1-3 imposes strict liability on a dog owner when a dog bites a person who is acting peaceably and who is in a location where they are required to be in order to discharge a duty imposed by Indiana law, federal law, or postal regulations. In plain terms, this statute primarily protects law enforcement officers, government workers, and postal service employees who are bitten while carrying out their official duties.

Under this statute, the owner is liable even if the dog had never shown any prior sign of aggression. The bite victim does not need to prove the owner knew the dog was dangerous. The strict liability applies regardless of the dog’s history.

The One-Bite Rule for All Other Cases

For bite victims who do not fall within the strict liability statute, which includes the majority of dog bite cases, Indiana applies the common law one-bite rule. Under this framework, the injured person must prove that the owner knew or had reason to know that the dog had dangerous or vicious propensities.

Cases reviewed by an Indianapolis dog bite lawyer frequently involve investigating the dog’s history of aggression, prior bites or attacks, complaints made to animal control, and the owner’s awareness of the dog’s behavior. This investigation is the foundation of establishing liability under the one-bite rule.

What a Bite Victim Must Prove

Regardless of which legal theory applies, certain elements are present in all dog bite claims:

• The dog bit or attacked the plaintiff
• The plaintiff was not trespassing and did not provoke the dog
• The owner knew or should have known of the risk, or the strict liability statute applies
• The plaintiff suffered compensable harm as a result of the bite

Provocation is the most common defense raised by dog owners. What constitutes provocation under Indiana law is a fact-specific inquiry, but courts have generally required intentional or knowing acts by the plaintiff that caused the dog to react defensively.

Damages Available to Bite Victims

Recoverable damages in an Indiana dog bite case include medical expenses for treatment of bite wounds, any necessary surgical repair or reconstructive procedures, lost wages during recovery, and compensation for scarring or disfigurement. Where the bite caused significant or permanent injury, damages for ongoing pain and suffering are also available.

Homeowner’s Insurance and Dog Bite Claims

Most dog bite claims in Indiana are paid through the dog owner’s homeowner’s or renter’s insurance policy. These policies typically include liability coverage that extends to dog bite injuries occurring on or off the owner’s property. When the owner is uninsured or underinsured, other avenues of recovery must be explored, including potential claims against a landlord who knew of the dog’s dangerous propensities and failed to act.

Pavlack Law, LLC represents dog bite victims in Indianapolis and throughout Indiana, investigating the animal’s history, establishing liability under the applicable legal theory, and pursuing the full compensation available.

Getting Help After a Dog Bite in Indianapolis

If you were bitten by a dog in Indianapolis, speaking with an Indianapolis dog bite lawyer as soon as possible after the incident preserves your ability to gather the evidence needed to establish liability. Our team is ready to evaluate your case and pursue the compensation you deserve.