Indiana Dog Bite Laws: Owner Liability, Reporting, and Deadlines
In Indiana, a dog owner is usually responsible for a bite only if the owner knew, or should have known, that the dog was dangerous and failed to take reasonable care. There is one important exception. If a dog bites a person who is lawfully doing a job required by state or federal law, such as a mail carrier, the owner is liable even if the dog never bit anyone before. Injury claims generally must be filed within 2 years, and the injured person's own share of fault can reduce or bar recovery.
Key points
Indiana law presumes dogs are harmless. An injured person usually must show the owner knew of the dog's dangerous tendencies.
A dog owner is liable for bites to people performing duties required by law, such as mail carriers, even if the dog had no history of biting (IC 15-20-1-3).
An owner who fails to restrain a dog that then bites someone off the owner's property can face criminal charges (IC 15-20-1-4).
Dog bites must be reported to the local health officer within 24 hours, and biting dogs are usually observed for 10 days.
Most injury claims must be filed within 2 years of the bite (IC 34-11-2-4).
When is a dog owner liable for a bite in Indiana?
Indiana does not have a general "strict liability" dog bite law. Instead, courts apply a long-standing common-law rule. In Poznanski v. Horvath (2003), the Indiana Supreme Court explained that all dogs, regardless of breed or size, are presumed to be harmless domestic animals. To overcome that presumption, the injured person generally must show that:
the dog had a dangerous or vicious tendency;
the owner knew or should have known about it; and
the owner failed to use reasonable care to prevent harm.
Evidence that can show knowledge includes earlier bites, attacks, aggressive behavior, or warnings from neighbors. The Court also said owners are expected to know the natural tendencies of their dog's breed, so evidence about a breed's known tendencies can matter. A first, unprovoked bite alone usually is not enough to prove the owner knew the dog was dangerous.
The word "owner" includes anyone who keeps or harbors a dog, not only the person who bought it (IC 15-20-1-2).
The exception for mail carriers and others on duty
Under IC 15-20-1-3, if a dog bites a person without provocation, and the person was acting peaceably in a place where they were required to be to perform a duty under Indiana law, federal law, or U.S. postal regulations, the owner is liable for all damages. The owner is liable even if the dog never behaved viciously before and even if the owner did not know of any prior vicious behavior.
This rule commonly applies to mail carriers, meter readers, and others whose jobs require them to be on a property.
Can a dog owner be charged with a crime?
Yes, in some situations. Under IC 15-20-1-4, an owner who recklessly, knowingly, or intentionally fails to take reasonable steps to restrain a dog commits an offense if the dog enters someone else's property and, without provocation, bites or attacks a person and causes bodily injury. The level depends on the harm and the owner's history:
Bodily injury: Class C misdemeanor, increasing to a Class B or Class A misdemeanor with prior unrelated violations.
Serious bodily injury: Class A misdemeanor.
Death: Level 6 felony if the owner acted recklessly, or Level 5 felony if knowingly or intentionally.
A criminal case is separate from an injury claim. The injured person does not need a criminal conviction to pursue a civil claim.
How does fault affect a dog bite claim?
Indiana uses modified comparative fault. An injured person cannot recover if their own fault is greater than the fault of everyone else combined, and any recovery is reduced by their share of fault (IC 34-51-2-5 and 34-51-2-6). In dog bite cases, issues like provoking the dog, ignoring warnings, or entering a fenced area without permission can affect a claim.
What should you do after a dog bite?
Get medical care. Dog bites can cause infection and may require rabies treatment.
Report the bite. Indiana's rule requires bites to be reported to the local health officer within 24 hours (410 IAC 1-2.5-80). Doctors and hospitals that treat dog bites also must report them to the Indiana Department of Health (IC 35-47-7-4).
Identify the dog and its owner. Get names, addresses, and the dog's vaccination information if possible.
Take photos of your injuries, the location, and any fence, gate, or leash problems.
Talk with witnesses and neighbors who may know about the dog's past behavior.
Keep records of medical bills, missed work, and how the injury affects your daily life.
After a reported bite, local health officials investigate. Biting dogs, cats, and ferrets are generally confined and observed for 10 days, or the animal may be tested for rabies.
Who pays for a dog bite injury?
Many dog bite claims are paid through the owner's homeowners or renters insurance policy, but coverage depends on the specific policy. A claim may also involve a person who was keeping or harboring the dog. Each case depends on the facts.
How long do you have to file a dog bite claim?
Most personal injury claims in Indiana must be filed within 2 years of the injury (IC 34-11-2-4). The deadline for an injured child is generally paused until the child turns 18 (IC 34-11-6-1). Claims involving a government-owned dog or property can have much shorter notice deadlines. For more detail, see our article on how long you have to file a personal injury claim in Indiana.
Frequently asked questions
Is Indiana a strict liability state for dog bites?
Not generally. Indiana usually requires proof that the owner knew or should have known the dog was dangerous. The main exception is for people bitten while performing duties required by law, such as mail carriers.
Does the "one bite rule" apply in Indiana?
Indiana's rule is similar but not identical. A prior bite is one way to show the owner knew the dog was dangerous, but other evidence, such as aggressive behavior, can also show knowledge.
Do I have to report a dog bite in Indiana?
Yes. Indiana's health rule requires dog bites to be reported to the local health officer within 24 hours. Local health departments often have a bite report form.
What if a child was bitten?
The same liability rules apply, and the deadline to file a claim for an injured child is generally paused until the child turns 18.
Questions about a dog bite injury?
If you or your child was hurt by a dog in Indiana, you can schedule a consultation with Brinkley Law or learn more about our personal injury practice.
Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.
This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law does not create an attorney-client relationship. The application of the law depends on the facts of each matter.
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