Q: Neighbor's dog ran on my property and bit my leg. Do I have a claim?
I was walking out of my garage going to get mail. Next door neighbor's dog ran up to me and started barking. While the minor who was with him told me he (the dog) didn't bite, the dog instead bit me three times. One of those times left a mark on my lower leg. I spoke with one parent who apologized for my injury. What should I do? I also have two grade-school children, and want to be prepared if this situation happens again.
A: Do you have a claim?: Maybe, this depends on whether the dog has shown a violent propensity before, this is known as the "one bite" rule in Indiana. Basically, if the dog has never bit anyone before then the owner will not have had sufficient notice of the dog's violent propensity and therefore cannot be determined to have been negligent.
What should you do?: Two things, 1) If you're injured you should seek medical treatment and then contact a personal injury attorney about pursuing a claim. 2) You need to call animal control and file a report so if the dog bites you or one of your children again you have proof that the owner was on notice of the dog's violent propensity, making a personal injury claim much more feasible.
I hope this helps.
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