In Indiana, victims of dog bites could face several challenges when filing a claim. These victims must present the reason for why they entered the property. They must also present evidence that shows that the owner is liable due to the dog’s temperament. McGlone Law helps these victims cultivate the right evidence to present their claim properly.
Did the Dog Have a Previous History of Attacks?
The first step is to identify any previous attack history. The victim must identify the pet’s and owner’s names. This helps them determine the outcome of previous incidents. A previous history could enforce a strict liability if the animal was deemed dangerous in court previously. After severe attacks, the court often rules in favor of euthanization of the animal. If the pet owner failed to comply and a new attack occurs the strict liability is viable.
Was the Victim Performing a Duty Covered Under the Law?
The one-bite ruling covers incidents where a dog could bite once if they feel threatened. However, postal workers or employees covered under the law have the right to enter the property at will. This includes utility meter readers, utility workers, law enforcement, and parties who work for the government. They are allowed legally to enter the property without risk. This is referred to as performing a duty that is covered under animal attack laws.
Reviewing the Laws For Landowners and Rental Property
Landowners who rent out the property to tenants may be liable under certain circumstances. They include allowing stray dogs to roam freely on the property. However, if the tenant’s dog is the animal in question, the fault reverts back to the tenant, not the landowner. In these circumstances, the victim must file a claim against the tenant.
In Indiana, dog bit victims must first identify their right to enter the property. A failure to confirm this right could result in the assumption of trespassing. Unlawful entry doesn’t constitute a legal right to be present at the time of the attack. Employees of the state, city, or county are included in those protected while performing job duties. Victims who need asks about these proceedings should contact McGlone Law or click here for more information.
