So, Your Dog Bit Someone… Are You Liable?
Man’s best friend can be a great companion. Indeed, we often look to our pets to calm and comfort us in moments of stress. But what happens when our furry friend becomes our source of stress? That is, what happens when our pet bites someone? As a pet owner, are you liable when your dog bites or attacks another? As with many areas of the law, it depends.
Dangerous Propensities
Indiana presumes that all dogs, regardless of breed or size, are harmless. However, this presumption is overcome with evidence of a known vicious or dangerous propensity of the particular breed of dog. When a dog owner does not know of their animal’s dangerous propensities, the owner is bound to know the natural tendencies of the particular class of animal to which the dog belongs. If the propensities of the class to which the dog belongs are the kind that one might reasonably expect would cause injury, the owner must use reasonable care to prevent injuries from occurring.
This general rule means a dog owner may not know that his dog has dangerous propensities (such as growling, snarling, or baring teeth); however, if there is evidence that the particular breed of dog has dangerous propensities, the owner may nonetheless be held liable for a bite. This is true even where the owner’s dog has never before attacked or bitten anyone.
A Dog Owners Duty
Importantly, the duty owed by a dog owner is the same regardless of whether the owner is aware of any dangerous propensities; that is, the duty of reasonable care under the circumstances. In determining whether the animal’s owner exercised reasonable care, Indiana courts will consider acts that demonstrate that the dog was securely restrained and confined to prevent the animal from leaving the property absent proper supervised restraint. Such confinements may include a fence (traditional or electric), which the dog cannot climb, dig, jump, or otherwise escape. Restraints may include a leash, chain, cable, or trolley which would sufficiently prevent escape.
A dog bite can be an overwhelming situation for all involved. The best course of action is preventative measures to ensure your companion is safely and appropriately restrained. Be mindful of your animal’s tendencies and, should you find yourself in a lawsuit as a result of your furry friend, don’t hesitate to contact Barrett McNagny for legal assistance.
About the Author: Lauren Minke is a litigation attorney with Barrett McNagny assisting clients with insurance defense, medical malpractice defense, general liability defense, and commercial litigation related to premises liability, real estate, and contracts. She can be reached at lrm@barrettlaw.com or 260.423.8858.