How Indiana Dog Bites Are Handled
Indiana’s dog bite statutes are codified in Indiana Code 15-20-1. Their title includes general language that should be considered for the sake of understanding the purpose. The title is: "Protection of Humans and Animals. It states: "Protection of humans and animals against vicious, dangerous, and feral animals."
Within these laws, there are four statutes that dictate liability. The first statute is IC 15-20-1-3 Dangerous animals. It states that animals suspected of being vicious are confined and investigated for their susceptibility to rabies. It is a classification "infraction for the first offense, or a Class B misdemeanor for any subsequent offense." The infraction classification is equivalent to an infraction, which will be discussed further below. The Class B misdemeanor classification has a monetary fine of up to $1,000.
The second statute is IC 35-38-2-1.5 Sentence for conviction of a class B or C misdemeanor; infraction Without going into the weeds of Indiana’s criminal code, this is where we can find more detail about fines and jail time for the citation given above. In this instance for a Class B misdemeanor, "the maximum for a class B misdemeanor is: (1) a fixed term of sixty (60) days; or (2) a fixed term of thirty (30) days if the convicted person is sentenced to: (A) home detention under IC 35-38-2.5; or (B) probation under IC 35-38-2.6; And the maximum for a class C misdemeanor is a fixed term of thirty (30) days."
The third statute is IC 15-20-1-5.5 Search and seizure; examinations This law establishes a process for seizing any animals suspected of having rabies. This statute outlines the process for which an animal can be secured. This can be eventually used as evidence if the owner is in violation of the law by keeping a wild animal in captivity. The owners of the animal would be subject to additional penalties based on keeping a wild animal in captivity which will be discussed in the next section , IC 15-20-1-9.
The fourth statue is IC 15-20-1-9 Feral and wild animals This statute is very broad, it essentially states that a feral or wild animal can be taken, shot, or killed free from penalty to those individuals engaged in the taking of that animal. It also states that it will be the property of the state of Indiana, and once it is collected by the state, it can be disposed of in any manner by the state without any recourse or penalty to the state of Indiana. This means that the state reserves the right to dispose of that animal as they see fit. It also means that this animal belongs to the state, not the person who took the animal.
One final section to note is that the majority of the penalties within these statutes will be considered civil infractions. An infraction is handled in the same way as a traffic ticket. In other words, the individual pays the fine, but is not charged with a crime that will appear on a background check. Of course, due to the nature of these statutes, this could lead to criminal and/or civil liability. It is also supported by a person’s potential civil liability if a dog resulted in causing a physical injury to an individual.
The Strict Liability Approach
The dog bite statute in Indiana also has a strict liability rule, which basically means that the defendant and dog owner can be found liable. Liability may be imposed without the victim having to prove any fault on the part of the dog owner. This law is imposed in order to protect individuals who are bitten by dogs, and to require those who own dogs to use precautions to make sure that their pet does not inflict harm on others.
"Strict Liability" means the dog owner – and not the plaintiff – is liable for the dog’s injuries and damages, regardless of whether the dog owner was exercising reasonable care at the time of the bite. Strict liability simplifies and accelerates the process by which victims of dog bites recover for their losses. Traditional negligence rules require plaintiffs to prove that the other party was negligent, or careless, before any compensation can be recovered, unless the dog owner’s liability is based on an animal’s dangerous propensity. Then, liability is based upon the dog owner’s knowledge of the dog’s dangerous propensity. A dog owner’s failure to take reasonable care of their dog would be irrelevant to whether they are liable for any injuries caused by their pet. Strict liability may seem unfair, since you will have absolutely no concerns for whether you could be held for negligence or not.
In Indiana, dog bites of any severity are automatically governed by a strict liability rule. Unfortunately, this type of law sometimes makes it difficult for defendants to prove they are not liable for the injuries and damages caused by their dog. Sometimes, careless dog owners will claim the dog was provoked to bite the victim, but that is actually not a defense to strict liability. If the bite occurred because someone was provoking the dog, that does not release the dog’s owner from liability. The only situation where a defense is available is indicated in the statute; namely, when the dog attacked someone or bit someone in a place where the victim was trespassing or committing a lawless act.
Using the strict liability rule helps promote a safer environment for the public. Individuals are less likely to come into contact with a dog that is not kept on a leash or fenced-in, or will not take extra precautions to make sure their pet does not attack or bite anyone. If dog owners are held liable for any injuries or damages their pet inflicts upon others, they will be more likely to train their dogs and use proper restraints and containment, if necessary.
Possible Legal Defenses
Dog owners in Indiana may have the ability to raise several defenses in response to a dog bite claim. In this section, we provide a brief discussion about each.
Provocation
If the injured party provoked the dog by teasing, hitting or otherwise abusing the animal, there may be an argument that the dog owner is not liable. However, that defense may not be available if the person teasing the dog was a child, and the child did not do anything to provoke the bite or attack.
Trespassing
If the injured party (the person bitten) was trespassing at the time of the bite, that may serve as a defense.
The 5 Degree Rule
If a dog attacks, it is not against the law unless the attack is one of the 5 degrees of attack. So if someone is seriously injured, maimed or killed by a dog, they may have a claim against the owner. However, injury to a home, lawn, garden, etc. does not provide a basis for making a claim against the owner. The owner is only responsible for personal injury or injury to livestock if that personal injury or injury to livestock constitutes one of the five degrees of attack. If that is not the case, personal injury or injury to livestock is not actionable.
The 5 degrees of attack are:
- One that results in the death of a livestock animal (not including fowl); or
- One that results in serious bodily injury; or
- One that results in maiming, mutilation, or tearing off of body parts; or
- One that results in a permanent disabling mutilation; or
- One that results in a bite that penetrates the skin.
Defenses under the Local Ordinances
Sometimes, local ordinances supersede Indiana Codified Laws. That means Indiana laws no longer apply. For example, a retaking statute may be superseded by an Indiana law pertaining to dog bites. Before moving forward with a claim, it is essential to identify the applicable law(s) and determine what defenses may be raised.
What to Do After a Dog Bite
The first step after sustaining a dog bite is to seek medical attention to minimize the chances of serious infection. For any open wound, this will mean a trip to the emergency room, but even if the bite didn’t break the skin, it’s always a good idea to get checked out by a doctor to make sure that no further medical attention is necessary. Next, contact the police to file a report. If the incident was in a public place, there are a good chance the police will show up anyway, but it’s also a good idea to have your own officer’s account of the event, as well as a report number that you can give to your insurance company. After that, gather information about the dog and its owner. The owner’s name and phone number should suffice, along with the dog’s name, breed, and vaccination records. The last piece of information you will want to have on hand is proof of liability, which can be obtained from:
a hospital report
an accident report
or eyewitness testimony
Finally, be sure to contact your insurance agent as soon as possible. You should also follow up with a dog bite injury attorney to discuss your legal options. Follow these steps, and you will be well on your way to getting back on track after a dog bite, both medically and financially.
Legal Remedies Available for Victims
If a dog bite victim has complied with the statutory provisions outlined above, he or she has claim for injuries that were not anticipated by the legislature when the vengeful animal returned under Section 15 or 16 of this statute. Such injuries may include:
• A bite causing lacerations;
• Anxiety and other psychological distress;
• Absent treatment for rabies and a dog bite victim contracts rabies;
• Future medical costs including cosmetic surgery;
• Pain, suffering, and/or disability that is more than transitory;
• Lost wages; and
• Permanent scarring .
Indiana does not have a comprehensive statutory scheme addressing the issue of compensation for injuries caused by dog bites but the analysis generally begins with the consideration of the common law defenses available in negligence cases.
Under Indiana’s comparative fault statute, Indiana Code §34-51-2-6, damages are reduced by any amount of fault attributable to the injured person. If a dog bite victim is 51 percent or more at fault, then the dog owner is not liable for any damages. Thus, if the dog owner can demonstrate the injured person provoked the animal or disregarded a warning to stay away, the dog owner may not be held accountable for injuries caused by the dog.
Importance of a Lawyer
Dog bite victims should know that the best way to ensure that they obtain the compensation that they deserve is to get experienced legal representation. A personal injury law firm will understand Indiana law and can help protect your rights. There are many factors that could affect whether you are compensated properly for your injuries, including:
Indiana law has strict liability dog bite laws. Pet owners in the state can be held responsible for any injuries that victims suffer in a dog attack. The only time the liability can be released is if the owner can prove that the dog was provoked by the victim or the victim trespassed on the property. If a dog has a history of biting, the owner can be found at fault under negligence laws.
Hiring an Indiana personal injury attorney is the best way to ensure your rights are preserved. At an Indiana law firm, a lawyer can examine your case in detail and handle the many aspects of your claim, including negotiating with insurance firms and representing you in the courtroom, if applicable.
How to Prevent Dog Bites
A crucial aspect of preventing dog bites is the promotion of responsible dog ownership. Owners must understand and commit to the various ways that they can minimize the risk of incidents. Dog training and socialization, for example, are essential for properly curbing aggressive behavior and educating the animal as well as owner regarding interaction with the public.
Another critical factor in preventing dog bite incidents is the secure containment of the animal. Unlike other states with leash laws, Indiana does not require leash use in all situations, leaving it up to the personal judgment of owners. People are encouraged to keep their dogs on a leash when in public, but when at home or in a private yard, dogs may be allowed to roam free without restraint. While this presents a certain freedom for dogs to explore, it also means that greater responsibility rests on the owners to monitor pet activity. If left unsupervised, dogs may wander into public areas or into the yards of neighbors and other citizens. A curious canine could approach another person or animal, provoking fear or aggression . As passive-aggressive complaints often take the form of freeing someone’s dog from the backyard, when necessary, by cutting through a fence, Indiana lawmakers have empowered citizens to contact animal control personnel or local law enforcement where they feel their safety or health is a concern. Because of this potential for mischief, all pet owners are encouraged to maintain sufficient fencing, gates, and various other forms of control around their property. Depending on the size and temperament of the dog, it may become necessary to install invisible fencing or additional locking mechanisms. Much like owners must responsibly monitor their dogs, it is important to note that the reverse is also true: owners are always responsible for the actions of their dogs. If an animal escapes from a yard and conducts any activity which results in injury to a person or animal, the owner may be held liable for the damages. This is especially true for multiple-dog owners, as known pack behavior tends to motivate animals to act in defense of the group rather than individually.