Indiana Dog Bite Law: Everything You Need to Know

Dogs are usually considered great, friendly and playful family pets. Occasionally, dog bite injuries happen.

Pet owners are generally responsible for controlling their pet, and suitably training and restraining them to avoid injury to the public. Failure to do this is illegal in many states and unfortunately, the owner may face legal action.

There is a vast amount of state statutes in Indiana that can impact cases surrounding dog bites. Both the owner of a dog who has bitten a person or a person who has been bitten by a dog will benefit from reading this article about the Indiana dog bite law.

This applies to Indiana only, and dog bite laws in other states may vary.

Continue reading to find out what you can expect from the law following a dog bite.

Time Limit on Personal Injury Cases

There is a time limit on all personal injury cases. Any personal injury case, including one from a dog bite, should be filed with the court within 2 years. This comes from the statute of limitations.

If the lawsuit does not get filed within the 2 year period, it is unlikely that a court will hear the case. For a successful case, it is important to file the lawsuit within the 2-year limit to have the best chance of getting a hearing in court.

Dog Bite Law in Indiana

There are 2 rules that are followed in Indiana when a dog bite is involved. There are ways to lower the risk of these types of lawsuits occurring from dog bites.

One Bite Rule

This rule allows the dog owner to be held liable for injuries caused by the dog if the owner had reason to know the dog may bite or act aggressively. Prior knowledge of such behavior is proven in court in different ways, on a case by case basis.

One example could be that if the owner knew the dog has bitten someone before, this knowledge may be used to prove the ‘prior knowledge’ aspect of the case. Prior aggressive behavior from the dog is also another instance that could be used under the ‘one bite’ rule.

How to Prevent This?

Dog owners should always exercise caution if the dog has a prior history of biting or aggressive behavior. The dog should be kept on a leash at all times in public, and the owner should consider a muzzle too. If the dog is very dangerous, the owner should consider euthanization, to avoid serious injury to a person.

The public should avoid interacting with dogs without explicit permission from the owner, and only under the owner’s control.

Prevent a dog bite by following these simple tips.

Negligence Rule

This rule does not depend on the owner’s prior knowledge or the dog’s behavioral history. Instead, it focusses on the owner’s failure to exercise reasonable care and caution to prevent the dog from causing an injury.

The negligence rule is often used for compensation in many cases against dog’s and their owners. This rule could extend to injuries caused by the dog jumping on a person and knocking them over, causing injury.

How to Prevent This?

Dog owners should always have full control of their dog while out in public. For some dogs, this means a short leash and muzzle. For other dogs, this means effective recall and leashing when appropriate.

Again, the public should avoid interacting with a dog unless the owner’s explicit permission is given.

Dog Bite Statute in Indiana

Indiana does have a dog bite statute that applies in specific circumstances. It is IC 15-20-1-3.  This statute highlights that the owner is liable for injuries caused by the dog bite to a person that:

• Is acting peacefully,
• Didn’t provoke the dog to bite, and
• Is carrying out their work duties for the law, government or postal service.

What is means is that if a dog bites any emergency services personnel who are carrying on their duties, the owner is liable. This also extends to those in the postal service. This is regardless of whether it is private or public property.

For example, if a policeman enters a private property while carrying out their duty, and a dog attacks them, the owner of that dog is liable for the injuries. This is the same for Postal workers.

Defense to a Dog Bite Claim in Indiana

Dog owners in Indiana do have some defense routes if they are facing a dog bite claim.

Comparative Negligence

This is can be known as ‘comparative fault’ by some. This arises when the person is partially or fully responsible for their own injuries from a dog bite.

For example, a person that trespasses on private property may not be able to recover compensation for that dog bite, as they did not have permission to be there.

It could also be used when the person provokes the dog, and then the dog bites and inflicts injury.

A person needs to be proven less than 50% at fault to receive any compensation for the injuries they received from a dog bite.

Get Help Today – Indiana Dog Bite Law

Dog bite cases can be very complex, depending on the specific circumstances of the case. Truitt Law Offices is here to help and give specialist advice on dog bite cases.

Information and advice are always available on many types of personal injury claims.

For more advice and information on the Indiana dog bite law, visit the contact page.

The post Indiana Dog Bite Law: Everything You Need to Know appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/indiana-dog-bite-law-everything-you-need-to-know/
via https://www.truittlawoffices.com

Is Indiana a No-Fault State?

Indiana has a tort-based, or “fault,” system of auto insurance liability. In this system, each driver is responsible for his or her own actions. So, if you are injured in a car accident in Indiana, you need to establish who is to blame for the collision. Your ability to recover compensation for your medical bills, lost income, pain and suffering will hinge on that issue.

At Truitt Law Offices, our attorneys have extensive experience in determining fault in car accidents. For more than 40 years, we have been dedicated to seeking just compensation for crash victims and their families. If you were recently injured or lost a loved one in a crash in Indiana, contact us for a free review of your case.

What Is the Difference Between No-Fault and Fault Laws?

In contrast to Indiana, many states have adopted a “no-fault” system of handling auto insurance claims. The purpose of these systems is to cut down on lawsuits between drivers. In a no-fault state, an injured motorist’s first option after an accident is to file a claim for medical and lost wage benefits with his or her own insurance company – no matter who caused the crash.

In theory, a no-fault system may sound good to some people. However, it has a serious flaw – auto insurance can cost way more. States that have enacted no-fault laws have some of the highest insurance rates in the country. For example, according to CarInsurance.com, the average insurance rate in Indiana is $964, while in a no-fault state such as Florida, the average rate is $1,823. In two other no-fault states, New York and New Jersey, the average rates are $1,759 and $1,346, respectively.

In a fault-based system like the one in Indiana, each driver’s insurance company must pay for damages that the driver causes others to suffer. So, bad drivers pay way more, and good drivers pay less. This system makes far more sense. It puts responsibility squarely on individuals for their own actions.

How Does Comparative Fault Work in Indiana?

Most crashes are the fault of a single negligent driver. Yet, in some situations, the drivers may share fault. For example, one driver may cause an accident because her or she was speeding, but the other driver may have contributed to the crash as well because he or she was texting while driving.

Some states have harsh contributory negligence laws that apply to these situations. In these states, even if a driver was 1 percent at fault, that driver may be barred from recovering any compensation. On the other hand, many other states have a comparative negligence system. In those states, fault is apportioned, and a driver’s recovery is reduced according to the percentage of fault assigned to that driver. For instance, if a driver is 60 percent at fault, the driver can only recover 40 percent of their total damages. Indiana has a modified comparative negligence law that strikes a balance between these two systems.

In Indiana, you can recover money for your injuries so long as you are not mostly to blame. In other words, if you are 50 percent or less at fault, you can still recover. However, your compensation is reduced according to your share of the blame. If a jury finds that you are 51 percent or more at fault, then you will be barred from recovering any compensation. For instance, if you are awarded $100,000 for your injuries, but you are found to be 10 percent to blame, you could collect only $90,000.

How Do You Determine Fault in a Car Crash?

Many things go into a determination of fault in a car accident. Photos, witness statements, electronic crash recorders (i.e. “black boxes”), cell phone data, social media, police reports, medical records, and even video surveillance footage from nearby stores can all serve as evidence that establishes who was responsible for an auto accident. An inspection of the accident scene can also be important. Things like skid marks, street signs and lane markings can provide clues about what may have happened in the accident.

Insurance companies do not like to pay claims. So, they often challenge liability. This is where having a skilled personal injury attorney can be crucial. At Truitt Law Offices, we thoroughly investigate cases to determine fault. Often, we work with private investigators, crash reconstruction experts and forensic engineers as part of our investigation.

How Can Our Indiana Car Accident Lawyers Help You?

Many people fear going to an attorney. They assume it will cost them a lot of money, or they will recover less of their insurance payment due to fees and expenses associated with hiring an attorney. Don’t believe that myth.

For instance, at Truitt Law Offices, we never make clients come up with money to pay upfront for the cost of pursuing their case. We never collect a dime unless we succeed in recovering money for our clients. So, there is zero risk to work with us.

Additionally, working with an attorney after a car accident can:

• Eliminate frustrations – Our experienced team of trial lawyers and staff members can handle all complex medical billing issues, claims handling issues, settlement negotiations and lien resolutions while you focus on your physical recovery.
• Help you to avoid major mistakes – Without legal training and experience, people can easily make costly errors when they try to handle car accident claims on their own. For instance, most people have no idea how subrogation works. The same is true of Medicare liens and negotiating with healthcare providers.
• Give you leverage – When you have an experienced attorney on your side who has established a solid claim for compensation and prepared to take your case to trial, if necessary, it will give you leverage when you deal with insurance companies.

Get Help from Our Experienced Indiana Car Accident Attorneys Today

If you recently suffered injuries in a car accident that you believe to be someone else’s fault, get help from our dedicated legal team at Truitt Law Offices right away. We can provide a free consultation through our offices in Fort Wayne, Huntington or Indianapolis. Call or reach us online today to learn more.

The post Is Indiana a No-Fault State? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/is-indiana-a-no-fault-state/
via https://www.truittlawoffices.com

Who Is Liable if a Road Issue Caused My Accident?

Vehicle accidents are most often caused by drivers. In these cases, it is relatively simple to determine fault and collect compensation. One driver is typically at fault and, therefore, financially responsible for expenses related to the accident. But what happens when your accident was caused by a lack of adequate road maintenance? Will you be stuck paying for repairs yourself or relying on your insurance?

 

Road Maintenance Liability

If your accident was caused by a pothole or other roadway condition resulting from poor maintenance, you can still seek compensation for your injuries and other expenses. This compensation comes as the result of a personal injury suit. The first step in your case will be to determine who is responsible for adequately maintaining the road, which requires knowing the precise location of the damage which caused the accident.

The Indiana Department of Transportation is responsible for maintaining interstates, U.S. routes, and state roads. However, any other road is the responsibility of the county, city, or town in which the road is located. Responsibility can become a bit complicated when state roads cross through cities, so enlist the help of an attorney to ensure that your suit names the proper agency.

Before you can collect compensation, you must be able to prove a few key things:

• Poor road maintenance caused the accident.
• The accident caused the injuries and damage for which compensation is being sought.
• The agency responsible knew or should have known of the condition of the road.
• The agency could have and should have repaired the damage.
• The agency chose not to make the necessary repairs.

In many cases, your claim will be dismissed because the responsible agency did not know about the damage or had not had adequate time to repair the damage. Although agencies are expected to monitor road conditions, they cannot be held liable for knowing the conditions of all roads at all times.

It is also important to note that you will not be able to hold the agency responsible for road maintenance liable for dangerous conditions caused by the weather. It is your decision to drive in poor weather conditions, regardless of the inability of road crews to keep all roads clear at all times during extreme weather.

 

Sovereign Immunity

Even if you can prove all of these things, you may still be unable to pursue your suit due to sovereign immunity, which prevents citizens from suing the government. Indiana law states that government agencies and officials can only be sued in very specific circumstances. Although the law does allow for suit in the event of roads not properly maintained, it states only that the roads must be kept in a reasonably safe condition for drivers. The law also restricts suits related to the poor design of roadways to the first 20 years after the road’s design.

 

Contact an Attorney

The experienced attorneys at Truitt Law Offices can help you to collect the compensation you need to cover your accident expenses. Don’t let the fear of suing a government entity prevent you from seeking the damages you deserve.

The post Who Is Liable if a Road Issue Caused My Accident? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/road-issue-accident-liability/
via https://www.truittlawoffices.com

Dogs: Man’s Best Friend?

As the third most popular pet in the United States, it is not uncommon to encounter dogs in any neighborhood. Because dogs are, by nature, territorial and protective, they can be not only loving pets, but reliable defenders of their homes and families. However, this instinct to defend their territory and owners can sometimes result in unwanted aggression. Accidentally infringing on a dog’s territory can result in being bitten.

 

Dog Bite Liability in Indiana

If you are bitten by a dog, you’ll likely need at least minor medical treatment, possibly including stitching, or even, in more severe cases, x-rays and surgery. Under Indiana law, the dog’s owner must pay for all damages resulting from a dog’s bite so long as the person who was bitten was acting peaceably and was performing a legal duty, such as delivering mail, at the time of the bite. This law does not apply to regular citizens, since they would not have a legal obligation to be on the property, unlike a police officer, mail carrier, or other person performing legal duties. The law also does not apply if the dog was provoked. The dog’s owner does not need to have any prior knowledge of violence on the part of the dog in order to be held liable in such cases.

As a private citizen or government employee not performing a legal duty, you can still recover damages resulting from a dog bite under the “one bite” rule. This rule does require that the owner have some reason to believe that the dog might be dangerous, such as a previous bite or attempted attack. Without that prior evidence of viciousness on the part of the dog, it will be difficult, or more likely impossible, to hold the owner liable. However, because this rule is the result of case law, rather than a part of Indiana Code, the judge and jury will have some flexibility in determining whether or not you are eligible for compensation.

 

Compensation Available For Dog Bites

If you can show that you did not provoke the dog and that the dog’s owner knew or should have known that the dog was dangerous, you can receive compensation for your injuries. This compensation can include payment for:

• Medical bills
• Lost wages
• Pain and suffering
• Lost earning capacity

Proof that the costs are the direct result of the bite will be required, as well as proof that you did not somehow contribute to the incident. For example, if you were not legally present on the property, you may be determined to be partially at fault for the injury. However, you may still be able to collect compensation as long as you were 50 percent or less at fault for the incident. Additionally, you must file your personal injury suit within two years of the bite in order to claim compensation. If you do not seek compensation within the statute of limitations, then you will not be eligible for any damages.

 

Contact a Dog Bite Attorney Today

If you’ve suffered a dog bite under any circumstances, contact the attorneys at Truitt Law Offices. This area of the law is specific and complicated, so be certain to have the best representation possible on your side.

The post Dogs: Man’s Best Friend? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/dogs-mans-best-friend/
via https://www.truittlawoffices.com

Meet Phil Truitt

Growing up, Phil Truitt probably spent more time in his parents’ law office than he did in the family home.

“This office has been everything to me,” he says. “I came here after school every day, and I’ve worked every job here from janitor to, now, attorney.”

Phil joined Truitt Law Offices in 2018 after earning his law degree from Ohio Northern University College of Law. He blends his law practice with a role overseeing the marketing and administration of the firm’s offices in Fort Wayne, Huntington and Indianapolis.

Phil’s father, Richard, established the law firm in 1991, shortly before Phil was born. Spending so much time in the firm’s office — where his mother, Carolyn, has also worked as a paralegal from the beginning — Phil always knew that a legal career was in his future.

At the dinner table, the conversation was usually about what was going on at work with current cases. But it was also about the people they were helping.

“My dad always stressed to me that he helps people,” Phil recalls. “And that’s literally what he does. He told me that whatever I chose to do as a career was fine as long as it was to help people.”

The family dinners still happen—and the tone of them hasn’t changed much.

“We do a lot of reminiscing about past clients, wondering about how they are, wanting to get in touch with them and catching up,” he says. “But we also do a lot of talking about new cases, how we can better present their injuries to the insurance company even if they’re hard injuries to show.

“I feel that we do a lot of worrying for our clients. We probably spend more of our family time together talking about how we want to make things right for them than anything else. We truly care.”

The post Meet Phil Truitt appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/meet-phil-truitt/
via https://www.truittlawoffices.com

Indianapolis Dog Bite Justice

If you’ve been injured by a dog, you may wonder how you can get help paying for your injuries and how you can help to ensure that the dog does not injure anyone else. This will require that you hold the owner of the dog liable for the incident. But what is the best way to pursue that liability? The answer depends on the factors surrounding the bite as well as your need for compensation.

 

Civil Liability

Civil liability is perhaps the most common form of liability in dog bite cases and is the liability which allows for you to collect compensation for your injuries. The owner will automatically be held liable if the person who was bitten was carrying out a legal responsibility, such as delivering mail, and was acting peacefully, without provoking the dog. This liability does not require that the owner have any prior knowledge of viciousness on the part of the dog. Even if this is the first biting incident involving the dog, that will not be a defense and will not protect the owner from financial liability.

Although civil liability does not necessarily result in criminal charges, there are consequences of being found liable. Any reasonable expenses incurred by the dog bite victim, such as medical bills, lost wages due to the injury, and pain and suffering may be paid by the dog’s owner.

 

Criminal Liability

In addition to civil liability, criminal charges may be filed as a result of a dog bite in certain circumstances. These charges are at the discretion of law enforcement, regardless of whether or not the victim chooses to pursue a civil case, although the victim will typically need to agree to press charges in order to build the case for law enforcement. Under Indiana law, an owner is criminally liable if:

• The owner does not restrain the dog, knowingly or intentionally
• The dog enters someone else’s property and attacks without provocation
• The dog is a wolf or coyote hybrid and is not restrained

With the exception of crosses with wolves and coyotes, criminal liability generally requires some knowledge or reasonable expectation that the dog might be vicious. In most cases, the crime is a misdemeanor, with the exception of dog attacks resulting in the death of the attacked individual, which are charged as felonies. In the case of a wolf hybrid or “coydog,” felonies may be charged for repeat offenses or for offenses resulting in serious injury or death.

Unlike civil liability, criminal liability does not allow for compensation for the victims. Any financial penalties, such as fines, do not benefit those bitten. Therefore, dog bite victims must pursue a civil liability case in order to collect compensation. The results of the criminal case have no impact on the civil case, which may reach a different conclusion entirely. However, the results of the criminal case can be used as evidence in the civil case.

 

Contact an Indianapolis Dog Bite Attorney

Dog bites can be serious injuries. Contact the experienced Indianapolis Dog Bite attorneys at Truitt Law Offices to help you hold the dog’s owner liable and collect compensation for your expenses.

The post Indianapolis Dog Bite Justice appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/indianapolis-dog-bite-justice/
via https://www.truittlawoffices.com