Dog Bites in Indiana
If you were injured in an Indiana dog bite, you have legal rights and deadlines to protect.
What you should know
Indiana applies a mix of statutory strict liability and negligence for dog bites; the 2-year deadline applies.
What typically causes them
- Lack of proper restraint or confinement
- Dogs protecting territory or resources
- Provocation or teasing by victims (especially children)
- Dogs with history of aggression not properly controlled
- Owner negligence in training or socialization
- Startling or surprising a dog
- Dogs running at large in violation of ordinances
Injuries we see
- Puncture wounds and lacerations
- Facial injuries and scarring
- Nerve damage and loss of sensation
- Infections including rabies risk
- Fractured bones from large dog attacks
- Permanent scarring and disfigurement
- Psychological trauma and fear of dogs
Steps to take after a dog bites
- 1
Seek immediate medical attention for wound cleaning, assessment, and potential rabies prophylaxis or tetanus vaccination.
- 2
Report the dog bite to local animal control authorities who will investigate and quarantine the animal if necessary.
- 3
Document the injuries with photographs from multiple angles showing the severity and location of wounds.
- 4
Obtain the dog owner's name, address, contact information, and homeowner's or renter's insurance details.
- 5
Identify and photograph the dog if safely possible and determine if it has current rabies vaccination.
- 6
Gather witness contact information from anyone who observed the attack or knows the dog's history of aggression.
Indiana follows a modified one-bite rule for dog bite liability. Under IC 15-20-1-3, owners are strictly liable for dog bites if the person bitten was acting peaceably and lawfully at the location, regardless of the dog's prior history. However, common law claims based on negligence or knowledge of dangerous propensities may also be pursued. Owners may be liable if they knew or should have known their dog had vicious tendencies. IC 34-51-2-6 comparative fault applies if the victim provoked the dog or was trespassing, reducing recovery proportionally. Local ordinances regarding leash laws and dangerous dog regulations may establish negligence per se. Landlords may be liable under common law if they knew of a tenant's dangerous dog and failed to act. Homeowner's insurance typically covers dog bite claims, though some policies exclude certain breeds. Children are given special consideration as they may not appreciate the risks of approaching dogs.
Dog bite victims in Indiana can recover economic damages including emergency treatment, surgical repair of wounds, plastic surgery for scarring, rabies prophylaxis costs, lost wages during recovery, and future medical care. Non-economic damages compensate for physical pain and suffering, emotional trauma, permanent scarring and disfigurement (particularly for facial injuries), and psychological counseling costs. Children who suffer facial scarring may receive substantial damages for permanent disfigurement impacting their lifetime. Under IC 34-51-2-6, damages may be reduced if the victim provoked the dog or was trespassing. Homeowner's insurance policies typically provide coverage between $100,000 and $300,000 for dog bite liability. Indiana does not cap damages in dog bite cases. Punitive damages may be available if the owner knowingly kept a dangerous dog without proper precautions.
Under IC 34-11-2-4, personal injury claims for dog bites must be filed within two years from the date of the attack. Children may have until two years after reaching age 18 under IC 34-11-6-1, but consulting an attorney promptly ensures evidence preservation.
Don't let an Indiana dog bites ruin your future.
The clock is ticking on Indiana's 2-year statute of limitations. Get a free, no-obligation case review now.