Trespassing, Provocation & Negligence Per Se

By the FigureMyTax Editorial Team · How we calculate

Indiana carves out a real exception to its own trespasser rule specifically for dog bite cases — a detail that surprises a lot of people navigating a claim.

Trespass is not a defense, unlike almost anywhere else on the property

Ordinarily in Indiana, a landowner's only duty to a trespasser is to refrain from willfully or wantonly injuring them after discovering their presence — mere negligence isn't enough to create liability. But Indiana courts have specifically held that dog bite cases are an exception: the negligence standard applies regardless of whether the victim was an invitee, licensee, or trespasser on the property.

A violated ordinance can do the proving for you

When a dog owner violates a local animal control ordinance — a leash law, for example — that violation can be treated as negligence per se, meaning it's automatically considered negligent without the victim needing to separately prove the owner failed to use reasonable care.

Provocation remains a real defense

Under Indiana's one-bite/negligence framework, provocation is one of the primary defenses available to an owner, alongside a lack of knowledge of the dog's dangerous propensities and the victim's own comparative fault.

A reporting requirement with practical consequences

Indiana law requires dog bites to be reported to the county health department, which helps track and prevent the spread of rabies and can result in the dog being quarantined — a detail worth knowing even outside the civil claim itself.

Official sources

• Ind. Code § 34-51-2-6 — comparative fault
• Ind. Code § 15-20-1-4 — dog bite liability

This is general information, not legal advice. Whether an exception applies depends heavily on the specific facts. Confirm how these rules affect your case with a licensed Indiana attorney.