Dog bite victims often face unexpected medical bills, time away from work, permanent scarring, and lasting emotional trauma. In Indiana, thousands of people are bitten by dogs each year. Many are left unsure of who is legally responsible or what their rights are after an attack.
While some dog bites are unavoidable accidents, others are preventable. In such cases, victims may have grounds for a personal injury claim, which can provide compensation for both economic and non-economic damages related to the bite and injuries.
At Habig Injury Law, our Greenwood dog bite injury lawyers help these victims pursue financial compensation. If you’ve recently been bitten by someone else’s dog, we’re here to evaluate your case, understand your legal options, and guide you through the personal injury claims process. Give our Greenwood personal injury law office a call today at 866.638.8049 to learn more in a free case evaluation.
Dog Bite Laws in Indiana
Indiana dog bite cases are governed by a mix of state laws and traditional negligence principles. The outcome of a claim often depends on where the bite occurred, what the victim was doing at the time, and whether the dog owner failed to meet their legal responsibilities.
Indiana’s Dog Bite Statute
Indiana Code § 15-20-1-3 addresses liability for dog bites in certain situations. Under this statute, a dog owner can be held liable if their dog bites a person without provocation while the person is lawfully on their property. This statute does not require proof that the dog had bitten someone before or had a known history of aggression.
This means a victim may be able to recover compensation even if the dog had never shown dangerous behavior in the past. However, the statute only applies when the victim was lawfully present and did not provoke the dog, which are common points of dispute in dog bite claims.
Negligence-Based Dog Bite Claims
Even if the dog bite victim was not legally on the owner’s property, they may still pursue a dog bite claim under Indiana’s negligence laws. A negligence claim focuses on whether the dog owner failed to act reasonably under the circumstances. Examples of negligence may include allowing a dog to roam freely without supervision, failing to use a leash when required, or ignoring known aggressive tendencies.
How Indiana’s Approach Differs From the “One-Bite Rule”
Many states follow a “one-bite” rule when it comes to liability for dog bites, meaning the dog must have a prior history of aggression or biting for the owner to be held liable. However, Indiana is not one of these states.
While a dog’s prior behavior may be relevant in negligence cases that do not meet the requirement of IC § 15-20-1-3, Indiana law does not automatically protect owners from liability simply because the dog had never bitten anyone before.
Who Can Be Held Liable for a Dog Bite in Indiana?
The dog’s owner is usually the primary party held liable for a bite, but there are situations in which another party may be considered liable, or where liability may be shared among multiple parties.
Dog Owner’s Liability
In most cases, the dog’s owner is the first person looked to for compensation. Under Indiana law, dog owners have a duty to control their animals and prevent them from causing harm. If a dog bites someone without provocation while the victim is lawfully on public or private property, the owner may be held liable under Indiana’s dog bite statute. Even when the statute does not apply, owners can be held liable under negligence principles in some cases.
Liability of Non-Owners and Third Parties
In some situations, someone other than the legal owner may be held liable for a dog bite. This can include individuals who were temporarily caring for or controlling the dog at the time of the attack, such as a dog sitter, walker, or houseguest. If that person had custody or control over the dog and acted carelessly, they may share liability for the injuries.
Comparative Fault and Shared Liability
Indiana follows a modified comparative fault system for personal injury claims, under IC 34–51-2. This means a dog bite victim’s compensation can be reduced if they are found partially responsible for the incident, such as by provoking the dog or ignoring posted warnings. However, as long as the victim is less than 51 percent at fault, they may still be eligible to recover damages.
Common Dog Bite Injuries
Dog attacks can cause a wide range of injuries, from relatively minor wounds to life-threatening injuries. The severity often depends on the size of the dog, the force of the bite, and the part of the body that was attacked. Children and older adults are especially vulnerable to serious dog bite injuries.
Puncture Wounds and Lacerations
Among the most common dog bite injuries are puncture wounds caused by the dog’s teeth penetrating the skin. These injuries may appear small on the surface but can extend deep into tissue, which increases the risk of infection. Lacerations, tearing, and avulsions (where skin or tissue is ripped away) are also common and may require stitches or surgical repair.
Infections and Disease
Dog bites carry a high risk of infection due to bacteria in a dog’s mouth. Infections like cellulitis, Pasteurella, or staph can develop quickly if the bite is not treated right away. In some cases, victims may also require a rabies shot if the dog’s vaccination status is unknown. Infections can significantly complicate recovery and increase medical costs.
Nerve, Muscle, and Tendon Damage
More severe bites can damage nerves, muscles, or tendons. This is especially common in cases involving bites to the hands, arms, and face. These injuries may limit mobility, strength, or sensation and often require specialized medical care or physical therapy. In some cases, nerve damage can result in long-term or permanent impairment.
Facial Injuries and Scarring
Dog bites to the face and neck are especially devastating. These injuries can cause permanent scarring or disfigurement and may require reconstructive or plastic surgery. In addition to the physical harm, visible scars can have lasting emotional and psychological effects for victims.
Emotional and Psychological Trauma
Not all dog bite injuries are physical. Many victims suffer anxiety, nightmares, or a fear of dogs following an attack. Children may develop long-term emotional distress or behavioral changes. Indiana law allows compensation for these non-economic damages when they significantly affect a victim’s quality of life.
Fatal and Catastrophic Injuries
In rare but tragic cases, dog attacks can result in catastrophic injuries or death. These cases often involve large or aggressive dogs. In fatal cases, surviving family members may file a wrongful death claim.
Steps to Take After a Dog Bite
Your actions after a dog bite can have major implications for both your health and your ability to pursue compensation later. Dog bite injuries are often more serious than they initially appear. Delays or mistakes after an attack can give insurance companies an opportunity to dispute liability or downplay your injuries.
Seek Immediate Medical Attention
Your priority should always be your health. Even minor-looking bite wounds can become infected or conceal deeper tissue damage. Prompt medical treatment creates a record of your injuries, links them directly to the dog attack, and helps prevent complications. Follow all treatment instructions and attend follow-up appointments. Gaps in care are often used to challenge injury claims.
Identify the Dog and Its Owner
If possible, obtain the dog owner’s name, address, and contact information. You should also ask whether the dog is up to date on rabies vaccinations. Avoid arguing or assigning blame at the scene and simply focus on gathering accurate information.
Report the Bite to Local Authorities
Dog bites should be reported to local animal control or law enforcement. An official report helps document the incident, establishes a timeline, and may reveal prior complaints or a history of aggressive behavior. This documentation can be key evidence in a future personal injury claim.
Document the Scene and Your Injuries
Take photographs of your injuries as soon as possible and continue documenting them as they heal. If you can, photograph the location of the attack, any broken fences or open gates, and the dog itself. Collect contact information from witnesses who saw the incident.
Avoid Common Mistakes That Can Jeopardize Your Claim
Do not give recorded statements to insurance companies without legal guidance, and avoid posting details about the incident or your injuries on social media. Statements can be taken out of context to reduce or deny compensation. Consider speaking with an experienced Greenwood personal injury lawyer early to protect your rights and preserve key evidence.
Filing a Dog Bite Claim in Indiana
Once your immediate medical needs have been addressed, it’s time to consider seeking compensation for your injuries. Dog bite claims in Indiana are typically handled through insurance, but in some cases, a personal injury lawsuit may be necessary.
Insurance Claims for Dog Bite Injuries
Most dog bite claims are initially filed against the dog owner’s homeowners or renters insurance policy. These policies often provide coverage for injuries caused by household pets, even when the bite occurs away from the owner’s home. The insurance company will investigate the claim, review medical records, assess liability, and determine whether an exception or exclusion applies.
Insurance adjusters frequently try to minimize payouts by arguing provocation, disputing the severity of injuries, or questioning whether the policy covers the incident. Early settlement offers are often far lower than the true value of the claim, especially when future medical treatment or scarring is involved.
When a Personal Injury Lawsuit is Necessary
If the insurance company denies the claim, disputes liability, or refuses to offer fair compensation, filing a dog bite lawsuit may be the best option. A lawsuit allows your attorney to use the legal discovery process to obtain evidence such as veterinary records, prior bite reports, witness statements, and expert opinions.
Litigation does not always mean going to trial. Many dog bite lawsuits are settled after evidence is exchanged, and the strength of the claim becomes clear. However, filing a lawsuit can be a powerful tool for holding negligent dog owners accountable and pursuing full compensation.
Compensation in Dog Bite Cases
Dog bite injuries can cause significant financial, physical, and emotional losses. Indiana law allows victims to pursue compensation intended to make them “whole” again. The amount and type of compensation available depend on the severity of the injuries, the long-term impact on the victim’s life, and the facts surrounding the attack.
Economic Damages
Economic damages are intended to cover the direct financial losses caused by a dog bite. These damages are typically supported with evidence like bills, receipts, and employment records. They may include emergency room visits, hospital stays, medication, surgery, and follow-up medical care. Future medical expenses, such as reconstructive surgery or physical therapy, may also be recoverable when ongoing treatment is required.
Lost wages are another common component of economic damages. If a dog bite prevents you from working temporarily or permanently, you may be entitled to compensation for missed income and reduced earning capacity.
Non-Economic Damages
Not all harm from a dog bite can be measured with an exact dollar figure. Indiana law also allows victims to recover non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life.
These damages recognize the physical pain of the injury, as well as the anxiety, fear, and psychological trauma that often follow a dog attack. Scarring and disfigurement can significantly increase the value of a claim due to their permanent and visible nature.
Compensation for Children and Vulnerable Victims
Dog bites involving children or elderly victims often result in higher compensation because injuries tend to be more severe and long-lasting. Courts and insurers also consider the emotional impact and the likelihood of future medical or psychological treatment when evaluating these cases.
Discuss Your Case With a Greenwood Dog Bite Injury Lawyer
Dog bite injuries can have lasting physical, emotional, and financial consequences, but victims have legal rights. If you or a loved one was bitten by someone else’s dog, the Greenwood dog bite injury lawyers at Habig Injury Law are here to help. Contact us today at 866.638.8049 to discuss your case in a free consultation.
