Dogs are adorable companions that bring joy and entertainment to their owners. Many of these lovable pets go their whole lives without showing even an ounce of aggressive behavior. However, these canines are still animals and can be unpredictable. So, now you are a victim of a vicious attack that left you with physical injuries and emotional scarring. In Indiana, there are specific laws that protect your rights and the rights of the owners. Depending on the circumstances of the incident, you may be entitled to specific compensation.
If you suffered a dog bite injury, don’t navigate the legal process alone. Hankey Marks & Crider will help you pursue the compensation you deserve. Our skilled team is here to help you understand your rights, file a claim, and help fight for you in court.
Who Is Liable for Dog Bites in Indiana?
Indiana law can be complex, as liability often depends on the specific circumstances of the attack. Key factors contributing to liability include the dog’s history, where the incident occurred, and even the victims’ role during the attack. There are two primary standards used to determine legal liability for dog bites:
- Strict Liability – A dog owner is automatically held liable, except in cases where the dog was provoked or the victim was trespassing.
- One-Bite Rule – A dog owner is not automatically liable unless they knew or should have known their dog had aggressive tendencies.
Indiana largely follows a one-bite rule. In these cases, liability must be proven by determining and proving the owner’s awareness of the dog’s aggressive tendencies.
However, an important exception under Indiana Code § 15-20-1-3 imposes strict liability in certain situations. A dog owner can be held liable even if the dog has never shown any prior signs of aggression if the bite occurred without provocation and the victim was lawfully performing their job duties. This includes postal workers, utility workers, law enforcement officers, and other government officials.
Awareness of the dog owner’s potential criminal liability is also imperative, as this supports the victims’ rights in civil dog bite cases. Under Indiana Code § 15-10-1-4, an owner may face misdemeanor or felony charges if they recklessly or knowingly fail to restrain their dog and their dog leaves their property and bites someone without provocation, resulting in injury or death. The severity of the charge can range from a Class C misdemeanor to a Level 5 felony, depending on the circumstances.
Understanding dog owners’ responsibility for attacks is key to building a strong claim and protecting victims’ rights in dog bite cases.
Victims’ Rights in Dog Bite Cases
If you have been bitten, you may find yourself worrying about how you are going to cover the medical costs from dog bites or continue through life as if nothing happened. Fortunately, victims can seek specific compensation under the law. If you have been injured in a dog attack, here are the different compensation you may recover
- Medical Costs – These include ambulance rides, ER visits and hospitalization, medication, follow-up treatment, and rehabilitation.
- Loss of Wages – This money accounts for income lost while recovering, receiving treatment, and attending appointments.
- Pain and Suffering – This type of compensation covers non-economic losses, such as physical pain, emotional distress, mental anguish, inconvenience, loss of enjoyment of life, and loss of companionship.
- Punitive Damages – These are designed to punish the responsible party and deter others. They are found in cases of gross negligence or intent to harm.
A personal injury attorney can help file a claim and pursue the entitled compensation.
Filing a Claim for a Dog Bite in Indiana
After suffering a dog attack, many victims are unsure how to proceed. Filing a claim for a dog bite may seem daunting and tedious, especially when dealing with pain, suffering, and financial losses. Hiring a personal injury attorney can help you understand the process and alleviate additional stress. After seeking initial medical attention, here is a typical dog bite lawsuit timeline:
- Document the incident – Gather and preserve evidence, including dog and owner identification and photographic evidence of injuries and locations.
- Report the incident – Inform local authorities, including animal control and police. Additionally, the Indiana Department of Health requires all animal bites to be reported to the local health department. All physicians are required by state law to report animal bites.
- Consult an Attorney – An attorney can help you understand your rights, how to file a claim, and other factors to be aware of. In Indiana, the statute of limitations for personal injury cases is generally two years from the date of the incident.
- Discovery and Negotiations – An attorney will help gather evidence and build a strong case. At this time, both parties may begin negotiations to reach a settlement and avoid trial.
- Trial Proceedings – The case may go to trial if no settlement is met. An attorney will present their argument to help you pursue the compensation you deserve.
This timeline may change depending on the circumstances. An experienced attorney can help you navigate this process and lessen the burden, allowing you to focus on your treatment and recovery.
Common Legal Defenses in Dog Bite Cases
Even if the case may seem cut and dry, there may be defenses a dog owner and their legal team may use to disprove their liability. It is essential to be aware of these common legal defenses in dog bite cases as they may be brought up during the lawsuit and may affect your claim. These include:
- The injured person provoked the dog.
- The injured person was trespassing.
- No bite or injury occurred.
- The injured person assumed the risk of harm.
- The defendant did not owe any legal duty of care – meaning they did not own or control the dog.
At Hankey Marks & Crider, we will help support your claim and fight these potential defenses, helping you pursue your entitled compensation.
Contact Hankey Marks & Crider Today for Help After a Dog Bite Injury
You may be entitled to compensation if you sustained a dog bite injury. Our experienced team at Hankey Marks & Crider can help you navigate this complicated legal process. Our attorneys have over 80 years of combined experience throughout Indiana and the Midwest. We are prepared to fight for you and answer all your questions. Contact us today at (317) 634-8565 for a free consultation with our Indiana dog bite injury lawyers.