Indiana Dog Bite Laws

In Indiana, there were 110 dog bite injury claims in 2022, which amounted to $7.4 million in payouts. The reported cases involved different situations — from nervous or aggressive dogs attacking guests and causing serious bites to cheerful dogs inadvertently dragging their owners down some stairs. Considering that Indiana was the ninth state with the highest number of dog bite claims in 2022, it is important to use caution with dogs at all times to avoid injury, as even well-trained canines may bite in the wrong circumstances.

A summary of the Indiana dog bite laws can be found in this article. It describes one’s obligations as a dog owner in the state and the legal consequences and penalties if one’s pet bites someone. It also covers the handling and reporting of dog bite incidents, including how to pursue compensation for yourself or a loved one.

Dog Owner Responsibilities in Indiana

The term "owner" in Indiana dog bite laws refers to anybody who owns, maintains, or harbors a dog. These laws have been implemented to emphasize the importance of responsible ownership.

Dog Leash Laws

There is no statewide dog leash law in Indiana. However, most city and county regulations mandate that dogs must always be leashed.

Registration

Some municipal governments in Indiana, like Batesville, require that all dogs get a pet license and undergo registration with the city. All dogs in the state must also have a microchip or similar identifying device on them.

Anti-rabies Vaccine

Any dog older than six months must have received an anti-rabies vaccination.

Nuisance

It is illegal for an owner to own or maintain a pet that annoys or disturbs others by constantly barking, screaming, yelping, or screeching.

Animal Cruelty Laws

Indiana dog bite laws forbid the abuse, neglect, physical torture, and abandonment of dogs. Anyone who treats dogs cruelly, especially those who participate in dog fighting, faces severe consequences.

Breed-Specific Legislation in Indiana

Not every city or county in Indiana has breed-specific dog ordinances. Only the following have passed legislation restricting or outlawing particular dog breeds:

Breed-specific dog legislation in Indiana may mitigate the risk of dog bites by restricting public exposure to breeds considered more dangerous than others. Advocates of breed-specific laws typically cite statistics showing that some dog breeds are more frequently involved in deadly attacks than others. For example, in 2019, 33 out of 48 dog bite-related fatalities in the U.S. were caused by pit bulls.

Liability Standards in Indiana Dog Bite Cases

Negligence

Most dog bite cases in Indiana fall under the law of negligence. A dog owner is considered negligent and subject to liability for the harm caused to a victim if:

• They were aware, or should have been aware, of the threat their dog posed.

• They did not take the necessary precautions to protect people from that threat.

• That failure led to the victim's injuries.

Landlords who let their renters bring dogs onto the property are likewise subject to these negligence laws. However, in some instances, a landlord is liable for harm caused by a tenant's dog, but only in the following situations:

• They were aware of the dog's dangerous tendencies.

• They have sufficient control over the premises to be held accountable for the dog's activities.

Strict Liability

Dog owners in Indiana are strictly liable for the injuries their pet has caused to someone if:

• The victim wasn't bothering the dog and was behaving peacefully.

• The victim was in an area where they had to deliver mail or carry out other duties for the local, state, or federal governments.

Defenses Of Dog Owners to Lawsuits

Under Indiana law, multiple defenses are available to a dog owner, even if they admit that their pet bit someone.

Contributory Fault

When someone enters a dog owner's property without consent, the owner may be able to claim that the trespasser shares fault for their injuries. This law is referred to as contributory negligence. It states that even if the plaintiff bears up to 50% of the blame, they will still be entitled to obtain damages from the defendant.

However, the compensatory damages will be diminished in proportion to their percentage of fault, and if the fault percentage exceeds 50%, they will not be eligible for any damages at all.

Absence of Strict Liability

An Indiana dog owner could claim that a government employee, such as a mail carrier, does not fulfill the necessary conditions to file a lawsuit under strict liability if they can demonstrate that the employee:

• Wasn't behaving peacefully or did something that distressed the dog.

• Wasn't working when the incident happened.

• Experienced a wound other than a bite.

Statute of Limitations in Indiana for Dog Bite Cases

In Indiana, the statute of limitations, or the legal deadline for filing dog bite lawsuits, is two years from the date of the incident. A victim forfeits their ability to sue the responsible person if the lawsuit is not filed within the deadline. To prevent case dismissal, it is ideal to work with a dog bite attorney.

Civil Penalties for Dog Bites in Indiana

There are four levels of civil penalties in Indiana for dog bites. 

Criminal Penalties for Dog Bites in Indiana

Dog owners in Indiana may face criminal penalties for injuries caused by their dogs. Suppose a person fails to take reasonable precautions to restrain their dog, and the dog escapes the property and attacks or bites someone without warning. In that case, the owner faces a Class C misdemeanor conviction, which carries a maximum penalty of $500 in fines and a possible 60 days in jail.

If the dog owner has a prior conviction or the attack causes serious physical harm, the penalty becomes a Class B misdemeanor, punishable by up to $1,000 in fines and 180 days in jail. If the owner recklessly breaks the law and the victim dies as a result of the dog bite, it becomes a Level 6 felony, punishable by six months to two and a half years in jail and/or a monetary penalty up to $10,000.

Additionally, if the owner willfully or deliberately breaks the law and the victim dies as a result of the dog bite, it becomes a Level 5 felony, punishable by up to $10,000 in fines and one to six years in jail.

Reporting and Handling Dog Bite Incidents

In Indiana, a victim has 24 hours to notify their local health department of any dog bite incident. Important details like the following will have to be provided: 

• The victim’s full name, address, and phone number.

• The victim’s statement regarding the incident.

• Information about the dog, such as breed and rabies tag number.

Reporting a dog bite injury has several advantages, including establishing the proof of harm and the details of the incident, which may repel the dog's owner from accusing the victim of provoking the animal.

There are other things a victim can do to strengthen their dog bite claim. These include:

• Seeking medical care.

• Taking pictures of their injuries or other damages.

• Collecting the phone numbers of any eyewitness.

• Abstaining from sharing related details on social media.

• Setting aside funds for legal help.

How to Find a Dog Bite Attorney in Indiana

Asking friends or coworkers for recommendations on reputable lawyers or searching online may help a victim locate a dog bite lawyer in Indiana. Working with an Indiana dog bite attorney is advised since they can look into the case, compile enough evidence, and take legal action against the responsible individual. They may also determine the value of the dog bite claim, which will help obtain the appropriate compensation.

Other Resources for Dog Bite Victims in Indiana

Porter County Animal Shelter

The Porter County Animal Shelter is the only public-owned and -operated animal shelter in Porter County. It accepts around 1,000 abandoned, homeless, abused, and neglected animals each year. Its officers have the authority to apprehend and impound a rabid or biting animal. In addition, they document all the details of a dog bite incident to create an official Indiana Animal Bites Report and implement a quarantine after the bite.

Contact Information
Phone Number: (219) 465-3550
Address: 3355 Bertholet Blvd., Valparaiso

Fort Wayne Animal Care & Control

Fort Wayne Animal Care & Control safeguards individuals and pets against animal bites and rabies. It ensures that the public knows how to report a bite, should one occur. Its officers place dogs that have bitten someone into quarantine. Additionally, they microchip animals after the mandatory quarantine is up.

Contact Information
Phone Number: (260) 427-1244
Fax: (260) 427-5514
Address: 3020 Hillegas Road, Fort Wayne, IN 46808

Porter County Health Department

Promoting and defending the community's health and well-being is the mission of the Porter County Health Department. Its Nursing Division can be contacted by phone at (219) 465-3525 or by fax at (219) 465-3531 for reports of animal bites. Additionally, it has an Environmental Division in charge of rabies examinations.