Each year, dogs bite approximately 4.5 million people, and over 800,000 of them must obtain medical attention. The most common dog bite victims are small kids, and they usually suffer severe injuries. Most dog bite incidents could have been prevented. But it can be challenging to hold a dog owner liable for the actions of their dogs, especially in cases where the owner is a relative or friend. If you or a loved one suffered a dog bite injury, you must understand your rights and options moving forward.Â
You may be able to file a claim against the owner of a dog that bit you for the damages you suffered, including your medical expenses, emotional trauma, pain and suffering, and lost earnings. But Indiana applies the one-bite rule for cases involving private citizens who were bitten by dogs. Under this rule, you can only hold the owner liable if they should’ve known or knew that their dog was likely to act aggressively or bite someone.Â
With help from an experienced Indiana dog bite lawyer, you can prove that the owner knew about their dog’s propensity for aggressiveness in various ways. For example, you may show that the dog had previously bitten someone else or had been aggressive towards other people in the past, and the owner knew it.Â
The one-bite rule is essentially a negligence rule, such that the court must determine whether the owner failed to use reasonable care because they failed to prevent their dog from biting someone. When a dog owner knows their dog is aggressive or might injure people, it’s assumed that they would take reasonable care to prevent their dog from acting aggressively or injuring people.Â
While the state uses the one-bite rule for dog bite incidents involving private citizens, it uses the strict liability rule in cases involving government employees. In such cases, the owner can be held strictly liable for the injuries their dog caused if the injured individual did not provoke the dog and was carrying out their legal duties or delivering mail. The rule applies even if the dog has never acted aggressively or bitten anyone before.Â
Dog owners can likewise face a misdemeanor conviction if they deliberately, recklessly, or knowingly fail to take reasonable steps to restrain their dog, causing it to wander outside their property and consequently attack, bite, or otherwise injure someone without provocation. Owners may also face a felony conviction if a dog attack or bite results in fatal injuries.Â
If you or someone you love has been injured because of a dog bite or attack, the Indiana dog bite and animal attack lawyers at Crell Law , can help. We can help you figure out the best legal recourse for your case, so you can secure the compensation you need to cover all the losses you incurred. Schedule a case review with our Indiana dog bite and animal attack lawyer today by calling us or filling out our online form.Â
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