Every year, approximately 4 million people in the United States are bitten by dogs. Of these, around 800,000 require medical attention, and about half of those seeking treatment are children. Some dog bite incidents can result in serious injury or even death and in Indiana, victims have the right to seek compensation for their damages. However, what happens if you’re attacked by a dog and the owner has no money or insurance? In such instances, it’s important to fully understand your legal rights in order to seek compensation.
If you’re attacked by a dog in Indiana and the owner is uninsured, you still have legal options, although it may be more difficult to recover compensation. When an attack occurs and there are medical bills and damages, a victim will typically file a personal injury lawsuit against the dog owner. If a court rules in their favor, they may be awarded damages for losses. If an owner has no assets or liability insurance, your attorney may still be able to negotiate a payment plan as part of a legal settlement, allowing them to pay damages over time.
In Indiana, a dog owner must use “reasonable care” as a pet owner and it’s their responsibility to obtain dog liability insurance, particularly if they own an aggressive breed. Even if the owner doesn’t have specific liability insurance, a homeowner’s or renter’s insurance policy may still cover the incident. A careful review of your dog bite case will determine if compensation through insurance is a viable option.
Another option in obtaining compensation is to properly identify all potentially responsible parties. Landlords, co-owners, or temporary caretakers can all potentially share responsibility with a dog’s owner in the event of an attack. Your attorney will carefully review your case to help assess all responsible parties, even beyond the primary owner.
UNDERSTANDING INDIANA’S ONE BITE RULE
A dog owner can be held liable if a victim can prove that the owner knew or should have known that the dog was likely to bite or act aggressively. This legal principle, known as the “one-bite rule,” places a significant emphasis on an owner’s knowledge of their dog’s behavior and their duty to take reasonable precautions to prevent injuries to others. This strict liability rule for dog attacks means that owners can be held liable even if they were not negligent or had no prior knowledge of their dog’s aggression.
If you or a loved one have been the victim of a dog bite or attack, contact our firm and we will be happy to review your case. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
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