Who is liable if a dog bites me in Indiana?

1. Liability Standard

Indiana combines common-law one-bite with limited strict liability under Ind. Code § 15-20-1-3 for victims who are performing duties imposed by federal or state law (e.g., postal carriers, meter readers).

2. Statutory Elements (Limited Strict Liability)

Plaintiff must show: (a) defendant owned the dog; (b) the dog bit the plaintiff; (c) plaintiff was peaceably acting in a place required by federal or state duties; and (d) plaintiff did not provoke the dog.

3. Common-Law "One-Bite" Doctrine

For other plaintiffs, Indiana requires proof of scienter — prior aggressive conduct known to the owner — or negligence (failure to leash, escape from inadequate enclosure).

4. Trespasser Defense

Trespassers receive only the duty not to willfully injure.

5. Provocation Defense

Provocation is a defense.

6. Comparative Fault

Indiana's modified comparative-fault rule (Ind. Code § 34-51-2-6) bars recovery if plaintiff is more than 50% at fault.

7. Landlord Liability

Landlords are generally not liable absent actual knowledge of the dog's viciousness and the ability to remove it (Morehead v. Deitrich).

8. Homeowner's Insurance

Indiana homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Medical bills, lost wages, scarring, disfigurement, and pain and suffering. Punitive damages available on showing of willful or wanton misconduct.

10. Criminal Liability

Under Ind. Code § 15-20-1-4, owners whose dogs cause serious bodily injury or death may face Class B misdemeanor or Level 5 felony charges.

This is legal information, not legal advice.