Misdemeanor and felony penalties are possible for negligent dog owners.

When a dog attacks someone, it is usually handled through a civil personal injury lawsuit or an insurance claim. However, in the State of Indiana, a dog owner's failure to control their pet can quickly cross the line into a criminal offense.

If you are a dog bite survivor seeking justice or a resident trying to understand local laws, knowing when negligence turns into a crime is critical. Under Indiana Code § 15-20-1-4, dog owners face serious criminal charges—ranging from misdemeanors to high-level felonies—if they fail to restrain a dangerous animal. 

The 3 Elements of Criminal Negligence in an Indiana Dog Attack

To file criminal charges against a dog owner, Indiana prosecutors must prove three specific legal elements simultaneously: 

1. Culpable Failure to Restrain: The owner did not just make a simple mistake. They acted recklessly, knowingly, or intentionally by failing to take reasonable steps to secure the animal. Examples include leaving a known aggressive dog in an unfenced yard, using a broken leash, or ignoring local leash laws. 
2. The Dog Trespassed: The animal physically left the owner's property and entered public space or someone else's private property. 
3. An Unprovoked Attack Caused Injury: The unrestrained dog bit or attacked a person who did absolutely nothing to provoke the animal, resulting in physical injury. 

If the attack occurs off the owner's property due to reckless behavior, it triggers criminal liability, completely separate from any civil compensation claims. 

Indiana Dog Bite Criminal Penalties and Charge Levels

The severity of a criminal charge in Indiana depends entirely on two factors: the extent of the victim's physical injuries and the owner's prior history of handling violations. 

How Criminal Negligence Overrides Indiana's "One-Bite Rule"

In standard civil injury cases, Indiana heavily utilizes a common-law principle known as the "one-bite rule". This means that for a normal civil lawsuit to succeed, a victim usually has to prove that the owner knew (or should have known) that their dog had a history of aggression or "dangerous propensities". 

Criminal charges completely bypass the one-bite rule. If an owner's lack of restraint is reckless enough to violate state law, prosecutors can file charges even if the dog has an otherwise spotless history and has never bitten anyone before. 

The Strict Liability Exception for Public Servants

It is also important to note that under Indiana Code § 15-20-1-3, the state imposes strict civil liability from the very first bite if the victim is a postal carrier, law enforcement officer, or government official executing their lawful duties. In these cases, the owner is automatically held liable for civil damages regardless of where the bite occurred or the dog's past behavior.

What to Do If You're Involved in a Negligent Dog Attack

If you or a loved one has been bitten by an unrestrained dog in Indiana, building a solid record is essential for both criminal investigations and civil claims: [1]

• Seek Medical Treatment Immediately: Dog bites carry a heavy risk of infection. Ensure your injuries are fully documented by a medical professional.
• Report the Incident to Animal Control: Contact local agencies (such as New Albany Animal Shelter if you are in Floyd County) or law enforcement to file an official report. This builds the necessary paperwork for a criminal negligence case. 
• Document the Scene: If it is safe to do so, take photos of the dog, the environment (like a broken fence panel or open gate), and your injuries. Gather contact details from any eyewitnesses. 

Injured by a Negligent Dog Owner in Indiana? Get Legal Help Today.

Disclaimer: This article provides an overview of Indiana criminal statute codes for informational purposes and does not constitute formal legal advice.