From
The KDDK Advantage - April 2006
Advice to Dog Owners
Every dog has his day – and sometimes,
a dog gets his day in court. In Indiana, dog owners can
be held liable for injury caused by their dogs. Indiana
Courts have determined that every dog owner must know
the natural propensities of his or her dog. If those propensities
are the type that may cause injury, the owner must take
reasonable measures to prevent injury from occurring.
Regardless of breed or size, dogs are
presumed by law to be harmless, domestic animals. But
this presumption can be overcome when a dog injures a
person or someone else’s pet and it is proven that the
owner knew of the dog’s dangerous propensity. Even an
overly affectionate dog can be regarded as dangerous if
its behavior results in injury. So if a friendly Great
Dane knocks down, for instance, an elderly person or small
child, the dog’s over-enthusiasm may be declared a dangerous
propensity by the court. Protecting others from an aggressive
or overly-friendly dog protects the dog, the public, and
the dog owner.
Greg Freyberger practices in the
areas of collection and creditors’ rights services, insurance
coverage and business and commercial litigation and trial
services.
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