South Bend Dog Bite Lawyers

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South Bend is a family-friendly community, and dogs are often considered part of our families. While you might encounter plenty of well-behaved dogs when at the park, on walks, or otherwise out around town, you can never predict what a dog might do. One minute, you might be playing with a dog you trust, and the next, you might be on your way to the emergency room with dog bite injuries.

Dog bites can leave serious physical wounds, as well as emotional scars. To make matters worse, many dog bite victims are small children who can suffer particularly severe injuries from an attack.

If you or your child suffered injuries due to someone else’s dog, especially from dangerous dog breeds, in the South Bend area, you should never wait to discuss your legal options with a dog bite attorney from Blackburn Romey.

Why Choose Our Dog Bite Attorneys at Blackburn Romey?

When you need legal assistance for dog bite injuries, look no further than the legal team at Blackburn Romey. We serve many areas of Indiana, including South Bend and surrounding communities.

Our legal team has decades of experience fighting for the rights of injury victims. We have been recognized with many awards, including:

  • Top 100 trial lawyers across Indiana
  • Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum
  • AV preeminent certification from Martindale-Hubbell
  • Top Lawyer by Ft. Wayne and Indianapolis Monthly Magazines
  • Top 10 under 40 Personal Injury Attorneys in Indiana by the National Academy of Personal Injury Attorneys, Inc.
  • Top 40 Under 40 in Indiana by National Trial Lawyers

When you meet with our legal team, you will receive personalized attention and dedicated service from our staff and attorneys. We do not treat you like another case number but provide tailored legal guidance based on your individual circumstances.

Consultations and case evaluations are always free, so please reach out directly to our office to learn more today.

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Dog Bite Laws in Indiana

In Indiana, dog bite laws impose strict liability on dog owners for injuries caused by their pets. The state’s dog bite statute is found in Indiana Code 15-20-1-3. Here are some key points to understand about dog bite laws in Indiana:

Strict Liability

Indiana follows a strict liability rule for dog bites. This means that a dog owner is held responsible for injuries caused by their dog, regardless of whether the owner knew or should have known about the dog’s aggressive tendencies or previous behavior. Even if the dog has no history of aggression, the owner is still liable for any injuries the dog inflicts.

Several states still follow the one-bite rule, which does not hold an owner responsible if it is the dog’s first attack or signs of aggression. Instead, Indiana law holds owners accountable whether they knew the dog was capable of biting or not.

Trespassing Exception

The strict liability rule does not apply if the injured person was trespassing on the owner’s property at the time of the dog bite. In such cases, the injured person may have a harder time seeking compensation for their injuries unless they can prove the dog owner’s negligence.

Comparative Fault

Indiana also follows a modified comparative fault rule in dog bite cases. This means that if the injured person’s actions contributed to the dog bite incident, their compensation may be reduced proportionally. However, if the injured person’s fault is found to be 50% or more, they may not recover any damages.

Statute of Limitations

In Indiana, there is a two-year statute of limitations for filing a dog bite lawsuit. This means that the injured person has two years from the date of the dog bite incident to file a lawsuit seeking compensation for their injuries. Failing to file within this timeframe may result in the loss of the right to pursue a claim.

Leash Laws

Many local jurisdictions in Indiana have leash laws that require dogs to be kept on a leash when outside their owner’s property. Violation of these laws may be used as evidence of negligence if a dog bite incident occurs.

It is essential to consult with our knowledgeable dog bite attorneys if you or a loved one is involved in a dog bite incident in South Bend, Indiana. Our attorneys can guide you through the legal process, protect your rights, and help you pursue fair compensation for your injuries and damages.

Identifying the “Dog Owner” Under the Law

Identifying “dog owners” under dog bite laws is crucial in determining liability for dog-inflicted injuries. In most cases, the owner of the dog is strictly liable for any harm caused by their pet. However, it may not always be straightforward to establish ownership, especially in certain circumstances.

Under dog bite laws, a “dog owner” is typically defined as a person who possesses, harbors, or has control over a dog. This definition may extend beyond the legal owner and can include anyone who has care, custody, or control of the dog at the time of the incident. This broader interpretation is essential to ensure that individuals who have control over the dog’s behavior and actions are held accountable.

In some cases, lease agreements or property management contracts may also be considered to determine ownership, particularly if the dog bite occurs on rental properties. It is crucial for injured parties to work with our legal team, which is experienced in dog bite cases, to properly identify and hold responsible the rightful dog owners for the injuries and damages caused by their pets.

Blackburn Romey is ready to help you identify who should be liable for your injuries and seek the compensation you deserve.

Why Choose Us

We know you have many options when selecting a personal injury attorney, but many people rely on our firm to represent their rights.

Experience

Our team has combined decades of experience handling all types of injury cases, both with insurance companies and in civil court. We bring all that we know about injury law to the table in each and every case.

Results

We have many satisfied clients who were able to move forward with their lives in a better financial position following a serious accident and injuries. We can discuss our past results with you during your free consultation.

Service

We are dedicated to our clients and communities in Indiana. Our goal is to provide comprehensive and compassionate legal services to injured and grieving individuals. We work hard to obtain the money you need so you can focus on recovery instead of worrying about medical bills, insurance claims, or lawsuits.

Common Injuries from Dog Bites

Dog bite injuries can range from minor wounds to severe and life-threatening conditions, depending on the size and aggression of the dog, the location of the attack, and the victim’s age and health. Here are some common dog bite injuries:

  • Puncture wounds – Dogs have sharp teeth, which can cause puncture wounds when they bite. These injuries may be small but can lead to infections if not properly treated.
  • Lacerations – Dog bites can result in deep cuts and lacerations, especially if the dog clamps down and shakes its head during the attack.
  • Tissue and muscle damage – The force of a dog bite can cause significant tissue and muscle damage, leading to pain, swelling, and limited mobility in the affected area.
  • Nerve damage – A severe dog bite can injure nerves, resulting in numbness, tingling, or loss of sensation in the affected body part.
  • Fractures and broken bones – In some cases, the force of a dog bite can cause bone fractures or breaks, especially in small children or older adults.
  • Infections – Dog bites can introduce bacteria into the wound, leading to infections such as cellulitis or even life-threatening conditions like sepsis.
  • Rabies – While rare in well-vaccinated dogs, a dog bite can potentially transmit rabies to the victim. Immediate medical attention is crucial if rabies exposure is suspected.
  • Psychological trauma – Dog bite injuries can also cause psychological trauma, leading to anxiety, fear, and post-traumatic stress disorder (PTSD), especially in young children.
  • Facial injuries – Dog bites to the face can cause disfiguring injuries, requiring complex reconstructive surgeries.
  • Scarring and disfigurement – Even relatively minor dog bites can leave permanent scars, which may require cosmetic procedures to improve appearance.
  • Blood loss – In severe cases, a dog bite can cause significant blood loss, especially if major blood vessels are affected.
  • Allergic reactions – Some individuals may experience allergic reactions to dog saliva, leading to hives, itching, or difficulty breathing.

Children, seniors, and individuals with compromised immune systems are at a higher risk of sustaining severe injuries from dog bites due to their vulnerability. Dog bites can also be more severe if they occur on the neck, head, or face or where vital organs and major blood vessels are located.

If you or someone you know was bitten by a dog, you should always seek immediate medical attention, even for seemingly minor injuries. Proper wound care, antibiotics, and, if necessary, rabies prophylaxis can prevent complications and ensure a faster recovery. Additionally, having documentation of all your injuries can help you prove your injury claim to insurance companies.

After your physical condition is stable, you should never wait to consult with our dog bite attorneys at Blackburn Romey about your incident in South Bend. We can assess who should be liable and begin pursuing the compensation you deserve.

Homeowners’ Insurance Claims for Dog Bites

Dog owners in Indiana are often covered by their homeowners’ insurance for dog bite liability. If an owner has coverage, the compensation for victims will not come out of their own pockets but from their insurer. This is helpful if you suffered a dog bite while visiting a friend or family member. You might not want to sue someone you are close to, but you should not have a problem filing a claim with their insurance, as it is less personal.

An insurance claim for a dog bite might seem like a simple process, but that is rarely the case. Insurance companies retain more profits when they reduce payments to claimants, so they can make the claims process challenging. They often challenge dog bite claims whenever possible, which makes legal representation critical.

Once you hire our law firm, we can begin compiling your insurance claim against the dog owner’s insurance company. We can:

  • Gather evidence of the dog ownership
  • Prove the identity of the dog your bit you
  • Provide evidence of all your injuries and losses
  • File the claim paperwork and respond to any supplemental requests
  • Handle all communications with the insurer
  • Review settlement offers and advise you whether they are favorable
  • Negotiate for a higher settlement when necessary

If the dog owner’s insurer refuses to pay enough to cover your losses, we can escalate the matter. This might involve filing a personal injury lawsuit in civil court, and we will handle every step of the litigation process.

Most Dangerous Dog Breeds

Over the past 20 years leading up to 1998 (from 1979 to 1998), more than 25 breeds were involved in 238 dog bite-related fatalities (DBRF). Pit bull-type dogs and Rottweilers were responsible for more than half of these fatalities.

The circumstances of the attacks were as follows:

  • 24% (55 fatalities) involved unrestrained dogs off the owner’s property.
  • 58% (133 fatalities) involved unrestrained dogs on the owner’s property.
  • 17% (38 fatalities) involved restrained dogs on the owner’s property.
  • Less than 1% (1 fatality) involved a restrained dog off the owner’s property.

Fatal Dog Attacks by Breed Infographic

Breeds of Dogs Involved in Fatal Human Attacks in the United States
While these breeds have statistically been linked to fatal attacks, it’s important to recognize that a dog’s behavior is influenced by factors like training, socialization, and the owner’s responsibility. With proper training and care, many risks associated with these breeds can be mitigated. If you or a loved one has suffered a serious injury due to a dog attack, Blackburn Romey has the experience and dedication needed to help victims of dog bite incidents secure the compensation they deserve.

Damages in a Dog Bite Claim

In a dog bite claim, damages refer to the compensation you seek for your injuries and losses due to the attack. Damages in a dog bite claim typically fall into two main categories: economic damages and non-economic damages. Our attorneys work to secure compensation that covers all your past and future damages.

Economic Damages

Economic damages are tangible, measurable losses that have a clear monetary value. They may include:

  • Medical expenses – This includes the cost of initial emergency medical treatment, hospitalization, surgeries, doctor visits, prescription medications, and any ongoing medical care related to the dog bite.
  • Lost wages – If you had to miss work due to your injuries, you can claim compensation for the wages lost during your recovery period. If you cannot work into the future due to disabling injuries, you can seek payment for future lost earnings.
  • Rehabilitation costs – In severe cases, you may require physical therapy, occupational therapy, or psychological counseling to aid in your recovery, and these expenses can be claimed as economic damages.

Non-Economic Damages

Non-economic damages are more subjective and cover the intangible losses you experienced due to the dog bite. These may include:

  • Pain and suffering – Compensation for the physical pain and emotional distress you endured as a result of the attack.
  • Emotional trauma – The psychological impact of the dog bite, such as anxiety, fear, or PTSD, may be included in non-economic damages.
  • Scarring and disfigurement – If your bite caused permanent scarring or disfigurement, you can claim damages for the lasting impact on your appearance and self-esteem.

To ensure fair and comprehensive compensation, always seek legal representation from our attorneys, who will advocate for your rights and assess the full extent of the damages you have suffered.

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Decades of handling truck accident cases in Indiana have equipped Blackburn Romey with the expertise to challenge insurance companies effectively. We start fighting for your compensation from day one, making sure no piece of evidence is overlooked.❞

Chris Blackburn

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Act now! Contact Chris Blackburn today, and let us work for you.

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Locate a Dog Bite Attorney Near You in South Bend, IN

Our South Bend Dog Bite Lawyers are Ready to Help

The law on dog bites in Indiana is clear: dog owners should be responsible for the losses of dog bite victims. However, you cannot trust insurance companies to do the right thing and act in your interests.

Instead, you want our dedicated team from Blackburn Romey to fight for the compensation you need. Contact us for your free case evaluation today.

Client Reviews

What Our Clients Are Saying About Us in South Bend, IN

Carolyn Lindeman
3 months ago

From the beginning to the end everyone was very friendly and professional. They explained the whole process. Thank you to Kristi, Kellen, Ryan, and Tom for all that you have done. We will recommend your law firm to all we meet.

Teri Miller
1 year ago

Blackburn & Romey was caring, professional, and explained in detail what to expect during the process. Barb Smith, Paralegal, was exceptional and always had a smile on her face. She lifted my spirits and always made me feel better in a difficult time.

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Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.