Dog Bite Liability in Indiana

By Jeb Crandall

Many people believe Fido gets “one free bite” before liability can be imposed on a dog owner following an attack. This is not the case in Indiana. In fact, an owner can even be held strictly liable if man’s best friend bites a public servant such as a mail carrier.

Overall, the common law presumes that all dogs, regardless of breed or size, are harmless. That presumption can be overcome by evidence of a known vicious or dangerous propensity of the particular dog. The owner or keeper of a dog who knows of any vicious propensity is required to use “reasonable care” in those circumstances to prevent the animal from causing injury. Furthermore, the owner of a dog is expected to use reasonable care to prevent injury that might result from the natural propensities of dogs. Thus, whether the owner or keeper of the animal is aware of any vicious propensity, the legal description of the duty owed is the same: that of reasonable care under the circumstances.

So if Polly the Poodle is known to have an aggressive side, her owner needs to do more to protect the public than does the owner of a gentle giant. Maybe that electric fence that Polly has escaped from in the past isn’t sufficient for “reasonable care.”