TITLE 15.  AGRICULTURE AND ANIMALS

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ARTICLE 5.  LIVESTOCK AND ANIMAL CONTROL

 

CHAPTER 12.  LIABILITY OF OWNER OF DOG WHO BITES PERSONS

 

Burns Ind. Code Ann. §  15-5-12-1  (2003)

 

§  15-5-12-1. Liability of dog owner for damages sustained by postal employees and others

 

   If a dog, without provocation, bites any person who is peaceably conducting himself in any place where he may be required to go for the purpose of discharging any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States of America, the owner of such dog may be held liable for any damages suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. 

 

HISTORY: Acts 1951, ch. 37, §  1, p. 89. 

 

NOTES:

INDIANA PATTERN JURY INSTRUCTIONS. Civil, No. 21.57. 

 

NOTES TO DECISIONS  

 

ANALYSIS

Duty.

 

DUTY.

   IC 15-5-12-1 allows the fact finder to use discretion in determining whether a dog's owner should be held liable in cases where the statute applies; trial court erred by finding that a person who owned a dog that bit a U.S. Postal Service letter carrier while the dog was under another person's control was negligent per se. Cook v. Whitsell-Sherman, 771 N.E.2d 1211 (Ind. App. 2002).

 

COLLATERAL REFERENCES. Contributory negligence as a defense to a cause of action based upon violation of statute imposing duty upon keeper of animals. 10 A.L.R.2d 853.

   Who "harbors" or "keeps" dog under animal liability statute. 64 A.L.R.4th 963.

   Liability of owner or operator of business premises for injury to patron by dog or cat. 67 A.L.R.4th 976.

   Liability for injuries inflicted by dog on public officer or employee. 74 A.L.R.4th 1120.

   Validity and construction of statute, ordinance, or regulation applying to specific dog breeds, such as "pit bulls" or "bull terriers." 80 A.L.R.4th 70.

   Landlord's liability to third person for injury resulting from attack on leased premises by dangerous or vicious animal kept by tenant. 87 A.L.R.4th 1004.

   Landlord's liability to third person for injury resulting from attack off leased premises by dangerous or vicious animal kept by tenant. 89 A.L.R.4th 374.

   Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show. 68 A.L.R.5th 599.