When a dog bites you and causes significant injuries, you may wonder whether you can hold the dog’s owner liable. This would require you to prove that the owner acted negligently.
Understanding negligence in dog bite injury lawsuits can help you better understand your legal options.
Understanding Indiana’s Dog Bite Negligence Laws
Each state approaches dog bite laws differently. Indiana adheres to the “one-bite rule,” which states that a dog owner is generally not liable the first time their dog attacks someone because they would not have known that the dog had the potential to exhibit such aggressive behavior. If a dog owner knew or should have known that their dog was prone to attacks, they would be strictly liable for your injury.
However, this rule does not apply when a dog bites a U.S. postal worker, police officer, or other government official carrying out their duties. Dog owners have a responsibility to contain their pets on their properties and take reasonable steps to prevent them from injuring workers who are peaceably performing their duties.
Instances Where a Dog Owner Might Not Be Negligent in an Attack
There are a few instances where a dog’s owner may not be responsible for an attack:
- The dog had not shown signs of aggression previously.
- You were trespassing on the dog owner’s property at the time of the attack.
- You provoked the dog, or the dog was acting in self-defense.
Proving Negligence for a Dog Bite Under the “One-Bite Rule”
Under Indiana’s one-bite rule, proving negligence in a dog bite injury lawsuit requires you to prove that the owner (or other liable party) knew or reasonably should have known that the dog was prone to biting yet failed to control it or prevent the behavior. Several types of evidence may help support a dog bite negligence claim, such as:
- Records of past dog bite or attack incidents
- Witness testimonies, such as those from neighbors who have seen the dog acting aggressively
- Past legal complaints against the dog owner
You would also need to provide evidence that you were lawfully on the property when the attack occurred. If you were trespassing on the dog owner’s property, they may not have had a duty of care to contain the dog.
Finally, any personal injury lawsuit requires the plaintiff to prove damages, which are the economic or non-economic costs of the accident. Medical records can help tie your injuries directly to the dog attack and support non-economic damages like pain and suffering and emotional distress. Hospital bills can show that the dog attack led to direct monetary costs.
An experienced dog bite injury lawyer can help you compile and review evidence to support your negligence claim.
What If You Do Not Have Enough Evidence for a Dog Bite Injury Lawsuit?
A dog bite liability case is not the only way to seek personal injury compensation after a dog bite. First, you may be able to settle the matter privately with the dog’s owner. Many owners are motivated to do this to avoid a lawsuit and its potential consequences. You might consider asking the owner to pay for your medical expenses out of pocket to avoid legal action.
Dog bites also tend to fall under the dog owner’s liability insurance on their home. If you can seek sufficient compensation through an insurance claim, you may not need to pursue legal action. This payout would be subject to the policy’s coverage limits.
Work With Skilled Dog Bite Injury Attorneys
Stewart & Stewart Attorneys represents dog bite victims across the greater Carmel, IN, area. If you are considering a dog bite injury lawsuit, contact us today at 317-854-5348 for a consultation.