Different states have dissimilar laws regarding dog bites, which can impact the outcome of a dog bite lawsuit. Some states follow a strict liability rule, which means that the owner is automatically liable for any injuries their dog causes, while others require the victim to prove that the owner knew or should have known that the dog was dangerous.

Indiana has strict liability laws for dog bite incidents, so you can recover damages from the dog’s owner in order to pay for medical bills, lost wages, pain and suffering, and more.

Three major factors will determine the outcome and the amount you can recover in your Indiana dog bite lawsuit, and these include whether the dog has already bitten a victim before, the severity of your injuries, and whether or not you were partially or fully responsible for the accident. In this blog, we will explore the factors that can impact your dog bite lawsuit.

Indiana’s One-Bite Rule

Indiana follows a “one-bite rule” when it comes to dog bite cases, meaning that dog owners are generally not held strictly liable for the first time their dog bites someone as long as they did not have prior knowledge of the dog’s dangerous tendencies. If the dog has no prior history of aggression, the owner couldn’t have known that the dog would harm someone.

If you’re the first victim of the dog in question, you’ll have a harder time recovering compensation than if the dog had bitten someone previously, but it’s not impossible. You’ll need to prove that the owner acted negligently in some way to prove that they’re liable for your injuries.

For example, if the dog’s owner allowed it to roam freely or if they failed to restrain the dog and keep it from biting you, that can be considered negligence in court and they may be liable for your damages.

You can prove that they acted negligently through eyewitness testimonies and photographic or video evidence.

The Severity of Your Dog Bite Injuries

The next element that will directly impact your case is the overall severity of your injuries. Your injuries determine the amount of compensation you can recover, and if you suffered from a devastating bite that causes permanent scarring, disfigurement, nerve damage, or emotional damage, you may be able to recover a great deal in both economic and non-economic damages.

Economic damages are meant to reimburse for damages that have a monetary value, such as your medical bills, ongoing treatment, and any wages that you lost or will lose due to your injuries. If your medical bills, lost wages, and other monetary losses are worth $30,000 for example, you would seek that monetary amount from the dog’s owner or their insurance company.

Noneconomic damages compensate victims for non-monetary losses like emotional distress, pain and suffering, and loss of enjoyment of life. For example, if you suffer disfigurement from the attack, you could develop post-traumatic stress disorder and depression, and you may struggle to socialize and enjoy life.

If a dog bites you, you could suffer from any one of these moderate or severe injuries:

• Puncture wounds: Deep, narrow wounds caused by the dog’s teeth that can damage tissue, muscles, and nerves.

• Lacerations: Open cuts or tears in the skin and underlying tissues that can be caused by the dog’s teeth or claws.

• Fractures: If a dog bites with enough force, it can cause bone fractures in the affected area.

• Infections: Some dog bite infections include rabies, tetanus, cellulitis, and sepsis. Dog bite infection symptoms include fever, muscle pain, joint pain, headache, confusion, redness, swelling, blisters, and vomiting.

• Nerve damage: Depending on the location, a dog bite can cause damage to nerves, leading to numbness, tingling, or loss of sensation.

• Scarring and disfigurement: Severe dog bites can result in permanent scarring, disfigurement, and emotional trauma.

• Psychological injuries: In addition to physical injuries, dog bites can also cause psychological trauma such as fear, anxiety, and post-traumatic stress disorder (PTSD).

Modified Comparative Fault Law in Indiana

Dog bite accidents are not always exclusively the owner’s fault. You could be partially or wholly responsible in some situations. Situations in which you may be fully responsible include:

• Trespassing: If you were trespassing on the owner’s property at the time of the bite, you may be considered at fault.

• Provocation: If you provoked the dog, such as by hitting or teasing it, you may be considered at fault for the dog bite.

• Assumption of Risk: If you voluntarily assumed the risk of being bitten by the dog, such as by interacting with the dog despite knowing its aggressive tendencies, you may be considered at fault.

• Criminal activity: If you were engaging in criminal activity at the time of the bite, such as breaking into the owner’s property, you may be considered at fault.

Sometimes, accidents are both the fault of the victim and the defendant. For these situations, Indiana uses a modified comparative negligence system. Modified comparative negligence is a way to apportion fault and damages in personal injury cases where both you and the dog owner are partially at fault for the accident.

What are some situations in which you could be partially at fault?

• Failure to exercise reasonable care: If you failed to exercise reasonable care to avoid the dog, such as by approaching it in a threatening or unsafe manner, you could be considered partially at fault.

• Ignoring warning signs: If you ignored warning signs or signals from the dog, such as growling or barking, you may be considered partially at fault.

• Failure to avoid a known aggressive dog: If you were aware of the dog’s aggressive tendencies and still chose to interact with the dog, you may be considered partially at fault.

In a modified comparative negligence system, you can still recover damages as long as you’re less than 51% at fault, and your percentage of responsibility directly impacts your compensation. Let’s say that you’re found 50% at fault and the damages are $200,000. You would only recover $100,000 because you were 50% liable. If you’re 51% or more at fault, you will not be able to recover damages from the dog’s owner.

Injured by an Aggressive Dog? Contact an Indiana Dog Bite Lawyer

If you were bitten or attacked by a dog, you need to contact a personal injury lawyer to help you with your case. An experienced injury attorney can assist you with gathering and presenting evidence, and they’ll work to maximize the amount of damages you can receive for your medical bills, pain and suffering, lost wages, and more.

Contact the Indiana dog bite injury attorneys at Crossen Law Firm. We’re dedicated to helping personal injury victims and will work tirelessly to ensure that you receive the compensation you deserve. Call us today at 317-939-6800, or you can contact us online here.

The post Three Things That Will Affect Your Indiana Dog Bite Lawsuit appeared first on Crossen Law Firm.

But what does “strict liability” mean exactly, and how can it affect your dog bite case? Let’s find out.

What Does “Strict Liability” Mean Concerning Dog Bites?

Strict liability means that the law is very stringent, with few, if any, exceptions where the law is concerned. With dog bites, strict liability law usually means that a dog owner can be held liable when their dog bites someone, even if their dog has never shown any previous signs of aggressive behavior.

This is different from states where you can only hold a dog owner liable if they knew their dog was aggressive and had previously bitten someone. However, though Indiana is a strict liability state when it comes to dog bite laws, that strict liability only applies in certain situations, meaning there are some exceptions.

What Are the Indiana Dog Bite Laws?

According to Indiana Code 15-21-1-3:

 If a dog bites a person without provocation, and that person was acting peaceably, the owner of the dog is liable for all damages suffered by the person who was bitten. The owner of the dog is liable even if the dog has not previously behaved in a vicious manner or the owner has no knowledge of prior vicious behavior.

However, this legislation technically only applies to those who were bitten by a dog in a location while they were carrying out a duty, such as mail carriers, police officers, and government workers.

If someone who is not a mail carrier, a police officer, or a government worker is bitten by a dog, the law still allows them to file a claim, but the way liability and negligence are handled is different and in accordance with what is known as the “one bite” rule.

Indiana’s “One Bite” Rule

Based on past court rulings, Indiana dog bite laws allow any person bitten by a dog to sue the dog owner for damages. However, whether or not the dog owner will be found guilty and liable for damages is based on the “one bite” ruling of negligence.

The “one bite” rule essentially means that you can only hold the dog owner liable if you can prove that the owner knew, or should have known, that the dog was aggressive and likely to bite someone.

For example, if you wanted to sue a dog owner, you might need to show proof that the dog bit someone in the past and that the owner knew about this. Or you could try to prove that the dog owner had witnessed their dog acting aggressively toward others in the past.

With strict liability, a mail carrier could hold a dog owner liable without needing to show proof that the dog owner knew the dog was aggressive. Whereas with the “one bite” rule, you would need to gather evidence to show proof that the owner was aware that their dog was aggressive.

What Should Dog Bite Victims Do if They Are Bitten by a Dog in Indiana?

If you are attacked and bitten by a dog in Indiana, your health should be your number one priority. So if your dog bite injuries are severe, you should seek immediate medical attention. However, once your injuries have been dealt with, or if you can stay at the scene where you were bitten, you should call the police so the incident can be reported.

If you intend to file a claim against the dog owner, you will need as much evidence as possible to help you prove what happened and win your case. And police reports are a very important piece of evidence. You can also take pictures of the dog and your injuries for evidence, as well as get contact information from anyone who witnessed what happened.

Beyond that, you should get in touch with an Indiana dog bite victim attorney. Because the strict liability only applies to mail carriers, police, and government workers, you will need to provide substantial evidence and build a strong case to prove that the owner knew their dog was aggressive. And an attorney can help you do this.

When you file a claim based on the “one bite” rule, it is more likely that the defendant (dog owner) will have defenses they can use to try to deny your claim and avoid accountability. So you will need a lawyer to help you argue these defenses.

When you file a claim against a dog owner, they could use the following defenses to prove that they are not guilty and that you instead are responsible for what happened:

• You were provoking or teasing the dog
• You were trespassing on their property

If the dog owner can prove that you provoked their dog, then they can use comparative negligence to claim that you were partially or entirely responsible for what happened. And if that is the case, you would only be able to recover damages so long as you are not found to be more than 50% at fault.

If you were proven to have been trespassing, then Indiana law will also prevent you from holding the dog owner responsible if the dog attacked and bit you on the owner’s property. You will need to work with an attorney to ensure the dog owner cannot use these defenses against you. Otherwise, your claim could be denied entirely, or you might not recover enough compensation to fully cover all of your damages.

Crossen Law Firm: Consult an Indiana Dog Bite Lawyer Today

If you were bitten by a dog in Indiana, get in contact with someone from our team as soon as possible. Dog attack cases can be challenging, especially if you are filing a claim under the “one bite” ruling as opposed to strict liability.

Our Indianapolis personal injury lawyers can review your claim, offer you guidance, ensure the negligent dog owner is held liable, and help you recover a high-value settlement to help pay for your injuries and other potential damages.

To schedule a free consultation with one of our dog bite victim attorneys, call (317) 939-6800 today or contact us online.

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How Common Are Dog Attacks?

According to the American Pet Products Association, approximately 63.4 million dogs were owned in the United States in 2020. With so many dogs living among us, incidents of dog bites and attacks are bound to happen. The Centers for Disease Control and Prevention reports that approximately 4.7 million people are bitten by dogs in the U.S. every year, with about 800,000 of those bites requiring medical attention. Despite these numbers, it’s important to note that the vast majority of dogs never bite or attack humans, and responsible pet ownership and proper training can significantly reduce the risk of dog bites and attacks.

How do I Assess the Severity of a Dog Bite?

A scale developed by the Association of Professional Dog Trainers is a useful tool in assessing the severity of a dog bite based on an “objective evaluation of wound pathology.” Dog bites can be classified into six levels, ranging from minor to severe. Each level of bite corresponds to the degree of injury, helping us understand what each level entails to ensure that you receive the appropriate medical treatment and legal representation. Please pay special attention to level 3 bites, as that’s the bite level we’ll discuss in this blog.

• The first level of a dog bite is classified as a superficial wound, which involves the dog’s teeth making contact with the skin without breaking it. While this type of bite may not require immediate medical attention, do monitor the wound for signs of infection, such as redness, swelling, and pus.
• The second level of dog bite involves one or two puncture wounds that are deeper than a superficial wound but don’t break the skin completely. This type of bite may require medical attention, such as cleaning and bandaging the wound, and may also require antibiotics to prevent infection.
• The third level of dog bite, as mentioned earlier, is a severe injury that requires immediate medical attention. It can be divided into two subcategories: deep puncture wounds and puncture wounds with tears in the skin, muscles, or tendons. Is a level 3 dog bite dangerous? It can be. These injuries often require antibiotics, wound care, and reconstructive surgery.
• The fourth level of dog bite is an injury that involves one to four puncture wounds, with at least one wound deeper than half the length of the dog’s teeth. This type of bite may also require medical attention, such as cleaning and bandaging the wound, and may also require antibiotics to prevent infection.
• The fifth level of dog bite involves bites on multiple body parts, including arms, legs, or torso. This type of bite can cause severe physical and emotional damage and often requires medical attention, such as wound care, antibiotics, and reconstructive surgery.
• The sixth level of dog bite is a fatal injury that results in the victim’s death. While rare and usually associated with an attack of multiple dogs, these types of bites are devastating and require immediate medical attention and legal action.

As you read in the list above, level 3 bites often require medical attention, including antibiotics, wound care, and reconstructive surgery. Documenting the injury and seeking medical treatment immediately following the attack is essential. It’s important to be able to gauge when to do to the hospital for a dog bite.

Are Dog Bites Dangerous?

Dog bites can be dangerous. Beyond what is described above, even a seemingly minor bite can cause infection, scarring, and emotional trauma. In more severe cases, a dog bite can result in serious injuries, such as nerve damage, disfigurement, and even death. The risk of infection is also high, as dogs’ mouths contain a variety of bacteria that can lead to severe infections. Additionally, victims may suffer from emotional and psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, and depression. Therefore, it’s important to take any dog bite seriously and seek medical attention promptly. If a dog has bitten you or a loved one, it’s also crucial to consult with a dog bite attorney to understand your legal options and protect your rights.

How a Dog Bite Lawyer Can Help You

In addition to medical attention, consulting a dog bite lawyer is the next best step. A qualified dog bite lawyer can help you navigate the legal process. Let’s look more specifically at what an attorney can do if you find yourself or a loved one to be the victim of a dog attack.

1. Investigate the incident: A dog bite lawyer can gather information about the dog, its owner, and the circumstances surrounding the incident. This may include talking to witnesses, obtaining medical records, and reviewing police or animal control reports.
2. Determine liability: In some cases, liability for a dog bite may fall on the dog owner or a third party, such as a property owner or landlord. A dog bite attorney can analyze the evidence and help determine who is responsible for your injuries.
3. File a claim: An attorney can help you file a claim with the responsible party’s insurance company or file a lawsuit in court. They can handle all the legal paperwork and ensure your claim is properly filed within the statute of limitations.
4. Negotiate a settlement: A dog bite lawyer can negotiate with insurance companies or the other party’s legal team to reach a fair settlement that covers your medical bills, lost wages, and other damages.
5. Go to court: If a settlement cannot be reached, your attorney can represent you in court and argue your case before a judge and jury. They can present evidence and witness testimony to prove your case and help you receive the compensation you deserve.

Contact Crossen Law Firm: Our Indianapolis Dog Bite Lawyers Can Help You!

If you or a loved one has been a victim of a dog attack or bite, it’s important to seek the legal representation you deserve. At Crossen Law Firm, our experienced dog bite injury attorneys are dedicated to fighting for the rights of dog bite victims and ensuring they receive the compensation they deserve. Don’t wait, contact us today to schedule a free consultation and learn how we can help you. Our team will work tirelessly to hold the responsible parties accountable and help you move forward after a traumatic experience. Call us now at (317) 939-6800 or visit our website to learn more about our services.

The post Did You Suffer a Level 3 Dog Bite? Contact a Dog Bite Lawyer Today! appeared first on Crossen Law Firm.

If a dog bites a child in Indiana, our team of compassionate Indianapolis dog bite attorneys at Crossen Law Firm can help. We understand how emotionally-charged and difficult these situations can be and are here to help you pursue maximum compensation for your child’s injuries and suffering.

Why Do Dogs Bite Children More Often?

More than 4.5 million people are attacked and bitten by dogs each year in America, over half of which are children. Children, especially younger children, are far more likely to be bitten than adults, and they are also more likely to be severely injured.

There are many reasons why young children get bitten by dogs more often, which can include the following:

• Children don’t understand how to behave around dogs
• Children are more likely to approach an unfamiliar dog without caution
• Children play with dogs in a way that the dog might misinterpret as aggressive
• Children are more likely to taunt and tease dogs, whether intentionally or not
• Children can get very excited and energetic around dogs, which can scare or overwhelm the animal
• Children do not know how to easily recognize cues that a dog might be aggressive or anxious

Common Dog Bites In Children

Because children are smaller and lower to the ground, they are more likely to be targeted by a dog. And if a dog bites a child, the injuries also tend to be more severe because they are not as strong and not as capable of fending off the aggressive dog. Dog bites on children’s faces, for example, are especially common because young children often stick their faces in the face of dogs because they don’t know any better.

Other common dog bite injuries in children include:

• Bites on the arms and legs
• Hand injuries
• Head and neck injuries
• Crushed bones
• Tissue and nerve damage
• Severe puncture wounds and bruising
• Concussions (if the dog knocks the child over)

One major concern with dog bites is that they can carry diseases like rabies and are more likely to cause infected injuries, which is why getting medical care right away is crucial. Dog bites can also leave a child severely scarred and disfigured, especially if their face was bitten.

Children are also much more likely to develop PTSD after being attacked and bitten by a dog, which can lead to long-term psychological problems that can hinder development. Dog attacks that are especially vicious can also result in amputation, leaving the child disabled. And in the worst cases, a dog bite can lead to complications and death. 

How to Prevent Dog Bites in Children

While dog owners in Indiana can be held liable for a dog bite and have a duty to restrain their dog, it’s important for parents with young children to also do what they can to prevent these incidents from happening.

Tips to prevent dog attacks and dog bites in children include:

• Always supervise young children (2 years old and under) when they are around ANY dog, even one they are familiar with
• Do not allow your child to approach an unfamiliar dog without the owner’s permission
• Do not allow your child to reach through or over a fence to pet a dog
• Teach your child how to remain calm around dogs
• Do not let your child hug or kiss a dog
• Teach your child to never approach a dog from behind
• Teach your child not to mess with a dog when it is sleeping, eating, sick, or injured
• Help your child understand how to recognize when a dog is being aggressive or wants to be left alone

What to Do If Your Child is Bitten By a Dog in Indiana

The steps you take following a dog attack can play a crucial role in your child’s recovery and how the dog attack case plays out if you are seeking compensation.

If your child is bitten by a dog, you should:

1. Call 9-1-1 immediately if the injuries are severe or take them to an emergency room yourself if you can.
2. Find out who the owner is (if not present) and get their contact information and the dog’s vaccination records.
3. If there were any witnesses, you should get their information as well so they can be called upon if needed to give a statement about what happened.
4. Report the dog attack to the police (and call animal control if the dog is roaming free without an owner around).
5. Take photos of the injuries and the dog and anything else that might be relevant to what happened, such as a broken gate that the dog escaped through.
6. Contact a dog bite attorney to help you file your claim and recover compensation.

Consult an Indianapolis Dog Bite Lawyer

If your child was bitten by a dog, and suffered one of these common dog bite injuries get in contact with someone from our team as soon as possible. Dog attack cases can be challenging, especially if there is not a lot of evidence to prove what happened. So it’s important to file a claim and deal with the case immediately before any evidence is gone.

Our Indianapolis personal injury attorneys can review your claim, offer you guidance, ensure the negligent dog owner is held liable, and help you recover a high-value settlement to help pay for your child’s injuries and other potential damages.

To schedule a free consultation with one of our Indianapolis dog bite attorneys, call (317) 939-6800 today or contact us online.

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