Indiana Dog Bite Laws: A Guide

Key Takeaways for Indiana Dog Bite Cases

• Indiana law imposes strict liability on dog owners in certain cases, especially when a government worker is bitten while on duty.
• Most dog bite lawsuits in Indiana are based on negligence, not automatic liability.
• Victims may still have a valid claim even if they were partly blamed for the incident.
• Municipal ordinances and leash laws can significantly affect legal responsibility.
• An Indiana dog bite lawyer can help evaluate your case, defend your rights, and pursue compensation for your injuries.

Overview of Indiana Dog Bite Laws

Indiana’s legal framework categorizes dog bite liability according to the circumstances of the attack. This dual system combines statutory law with common law, meaning your legal rights might change based on who was bitten and where.

The state’s strict liability statute, found in Indiana Code § 15-20-1-3, applies when a dog bites a government employee, such as a postal worker, who is lawfully on the property and acting peaceably. In these situations, the dog owner is automatically responsible for the bite, regardless of whether the dog had a history of aggression.

For most other people bitten by a dog in Indiana, liability is determined under the common law rule of negligence. In these cases, the injured person must prove that the dog’s owner failed to act with reasonable care based on what they knew or should have known about the dog’s behavior.

Is Indiana a One-Bite State?

Some people assume that a dog must bite someone once before the owner can be held responsible. In Indiana, the one-bite rule means a dog owner may not be held liable if they had no prior knowledge that their dog was dangerous or had previously injured someone. Indiana does not follow a strict one-bite rule, but the dog’s past behavior is still relevant in negligence cases.

Here’s what courts look at when determining if the owner should be liable:

• Prior incidents: If the dog has bitten or snapped before, even without serious injury, that history can support a claim.
• Aggressive behavior: Growling, lunging, or charging behavior may indicate a known risk.
• Natural propensities: Owners are expected to anticipate risks in high-stress settings, like taking a dog to a loud event or crowded area.

You don’t need to show the dog bit someone in the past. What matters is whether the owner failed to take reasonable steps to prevent harm based on what they knew or should have known.

How Indiana Defines Negligence in Dog Bite Cases

Negligence occurs when a dog owner doesn’t take appropriate precautions, and someone is injured as a result. This could involve failing to leash a dog, ignoring warning signs of aggression, or violating local animal control ordinances.

Here are some examples of how a dog owner might be found negligent if their dog bit someone:

• Letting a dog roam freely despite a known tendency to chase or bite
• Failing to repair a broken gate or fence that allowed a dog to escape
• Allowing unsupervised interactions between a dog and young children
• Bringing an excitable dog into a densely crowded area without restraint

Even if the dog had no history of biting, owners must act responsibly. Indiana courts have emphasized that owners must guard against both known dangers and foreseeable risks based on a dog’s temperament and environment.

When Does Strict Liability Apply in an Indiana Dog Bite Case?

Under Indiana law, strict liability applies in limited but important circumstances. If a dog bites a person who is working for a government entity and is legally on the property, the owner is automatically liable, regardless of the dog’s history.

This means that victims do not have to prove negligence if:

• They were performing official duties, such as delivering mail
• They were not provoking the dog
• The injury was a bite (not a different type of injury)

However, strict liability does not apply if the person was not on the job, was trespassing, or suffered a non-bite injury, like a fall while fleeing. In those cases, the victim would need to pursue a negligence claim instead.

Local Leash and Animal Control Laws in Indiana Communities

Cities and counties in Indiana often have their own ordinances about how dogs must be confined or restrained. If a dog owner violates these local rules and someone gets hurt, that can lead to a finding of negligence per se, meaning the court assumes the owner was negligent because they broke the law.

Violating local rules could mean liability if:

• A dog is not leashed in a public area where leashes are required.
• A dog is allowed to run loose in a neighborhood.
• The owner ignores previous warnings from animal control.
• The dog was declared dangerous and the owner failed to comply with restrictions.

When someone is injured as a result of these violations, courts often view the dog owner’s conduct as automatically negligent under Indiana law.

Can Landlords Be Held Responsible for Dog Bites?

In some situations, landlords can be legally responsible for dog attacks caused by their tenants’ pets, but only under specific conditions. The landlord must:

• Have knowledge of the dog’s dangerous tendencies
• Retain control over the property area where the incident occurred

For example, if a landlord knows a tenant has a dangerous dog and allows the dog to roam shared hallways or common areas, they may be held liable. However, if the dog is kept in a fenced backyard of a rented house, the landlord is likely not liable.

Common Defenses in Indiana Dog Bite Cases

Dog owners may argue that they shouldn’t be held responsible based on the circumstances of the incident. However, these defenses don’t always prevent a claim — especially if the injured person wasn’t acting recklessly or unlawfully.

Common legal defenses include:

• Provocation: The owner claims the victim teased, hurt, or threatened the dog
• Trespassing: The injured person was on private property without permission
• Comparative fault: The owner admits partial blame but argues the victim also acted carelessly

Indiana uses a comparative fault system, which means your compensation may be reduced if you’re found partially at fault. But even if you’re partially blamed, a skilled attorney can help protect your claim and push back against unfair accusations.

What Compensation Can You Seek After a Dog Bite in Indiana?

Dog bite injuries often leave more than physical scars. Medical bills, lost work, and emotional trauma can all follow. Indiana law allows injured individuals to pursue financial recovery through a personal injury claim based on negligence or strict liability, depending on the case.

A successful claim can include several categories of damages, depending on how the incident impacted your life.

Some common types of compensation in dog bite claims that you may be eligible to recover include:

• Medical expenses related to emergency care, surgeries, follow-up visits, and medications
• Lost wages if you missed work due to the injury or ongoing treatment
• Pain and suffering to account for physical and emotional distress, including anxiety, trauma, loss of sleep, or PTSD symptoms
• Scarring or disfigurement if the bite left visible, lasting damage
• Future care costs, such as physical therapy or psychological support

The severity of your injuries, the dog’s history, and how the attack occurred all affect the value of a case. An experienced dog bite lawyer can help build a claim that reflects the full scope of your losses.

Time Limits for Filing a Dog Bite Lawsuit in Indiana

Every state sets its own deadline for filing personal injury claims, called the statute of limitations. In Indiana, the deadline for dog bite cases is two years from the date of the incident under Indiana Code § 34-11-2-4.

Failing to file your claim within this window could prevent you from recovering any compensation. While two years may sound like plenty of time, dog bite cases often require:

• Medical record collection
• Interviews with witnesses
• Review of local ordinances or leash laws
• Documentation of lost wages and long-term impact

Taking quick legal action helps preserve evidence and gives your legal team time to build a strong case.

What to Do After a Dog Bite in Indiana

Whether you were bitten by a neighbor’s dog or attacked by an off-leash animal in a public park, your response after the incident could make a difference in your legal standing. Prompt legal action not only protects your health but can strengthen your claim.

If you’ve already received medical treatment or are following a care plan, you’re taking the right first step. Bites can carry bacteria, tear skin, damage nerves, and leave lasting scars even when they initially seem minor.

Once your immediate medical needs are addressed, there are several actions you can take to protect your legal rights and preserve evidence:

• Hire a dog bite lawyer as soon as possible. The earlier you speak with an attorney, the more time they have to investigate, preserve evidence, and deal with the insurance company on your behalf.
• Follow all medical advice and attend every appointment. Gaps in treatment can hurt both your recovery and your legal claim. Consistent care shows that your injuries are serious and ongoing.
• Create a journal of your physical and emotional experience. Document pain levels, daily limitations, missed work, and emotional distress. A video or written journal can serve as powerful evidence for your pain and suffering.
• Gather supporting evidence while it’s still fresh. Take photos of the injuries, the location where it happened, and any visible signs like a broken gate or lack of leash.
• Ask for the names and contact info of witnesses and the dog’s owner. These details can be essential later in establishing what happened and who was involved.

These steps help preserve your legal options, especially if questions arise about fault or injury severity. They also help clarify how long after can you claim injury, allowing your lawyer to protect your rights and build a stronger case on your behalf.

Why You Need a Lawyer Who Understands the Sensitivity of Dog Bite Cases

Dog bite injuries often carry a lot of emotional weight, especially when the dog belongs to someone you know. Many victims hesitate to take legal action because the dog’s owner is a friend, relative, or neighbor. It’s natural to worry about damaging relationships or causing harm to the dog.

An experienced Indiana dog bite lawyer understands these concerns and approaches each case with care and discretion. A good attorney knows how to handle these sensitive situations while protecting your rights and peace of mind.

In most dog bite claims, compensation comes from the dog owner’s homeowner’s or renter’s insurance, not from their personal savings or assets. You’re not suing a friend or family member directly; you’re seeking help covering medical bills, missed work, and other losses from their insurer.

You may also worry about what could happen to the dog. Unless the animal has a serious history of violence or was involved in a criminal act, these cases do not result in the dog being taken away or put down. The focus is on helping you recover, not punishing the animal or its owner.

Questions People Often Ask About Indiana’s Dog Bite Laws

How is liability different if a child is bitten?

Children are less likely to be considered at fault, even if they unintentionally provoked a dog. Courts take age and maturity into account when evaluating behavior.

---

Can I still sue if the dog didn’t actually bite me?

Yes. If a dog knocked you down, caused an injury, or acted aggressively in a way that led to harm, you may still have a valid negligence claim.

---

What happens if the dog was being provoked?

Provocation is a common defense, but it doesn’t automatically block a claim. If the reaction was extreme or the victim was a child, the dog’s owner may still be liable.

---

Do Indiana leash laws affect dog bite cases?

Yes. Violating a local leash ordinance can support a negligence per se claim, making it easier to prove the owner acted irresponsibly.

---

What if I was partly blamed for the attack?

Indiana follows a modified comparative fault rule. If you are 50% or less at fault, you may still recover compensation — though your award will be reduced by your share of the blame.

---

Getting Help from an Indiana Dog Bite Lawyer

Recovering from a dog attack involves more than healing physically. You may face steep medical bills, changes to your appearance, or anxiety around animals. These challenges can feel isolating, but you don’t have to manage them alone.

At Hurst Limontes, we focus entirely on helping injured people across Indiana. With over 100 years of combined experience and millions recovered for our clients, our attorneys understand how to fight for full and fair compensation under Indiana dog bite laws. We take time to understand your case, gather evidence, protect you from blame-shifting tactics that could weaken your claim, and position you for the best possible outcome.

If you were bitten by a dog or if your child or family member was seriously injured, we’re here to support your next steps in every way we can. You don’t pay for any of our services unless we recover compensation on your behalf.

Call (317) 636-0808 or contact us online to schedule your free consultation. We serve clients in Indianapolis, Fort Wayne, South Bend, and communities across the state.