2018 Indiana Code
TITLE 32. Property
ARTICLE 26. FENCES
CHAPTER 2. Enclosures, Trespassing Animals, and Partition Fences
32-26-2-3. Tender of costs and damages; confession of judgment
Sec. 3. (a) The owner of a domestic animal described in section 2 of this chapter may:
(1) tender to the person injured by the domestic animal:
(A) any costs that have accrued; and
(B) an amount, in lieu of damage, which equals or exceeds the amount of damages awarded by the court or by a jury in an action filed to recover damages caused by the actions of the domestic animal; or
(2) offer in writing to confess judgment for the amounts set forth in subdivision (1);
before an action filed to recover damages caused by a domestic animal described in section 2 of this chapter proceeds to trial.
(b) If the person injured by the domestic animal described in section 2 of this chapter rejects the tender or offer under subsection (a) and causes a trial for damages to proceed, the person injured:
(1) shall pay the costs of the trial; and
(2) may recover only the damages awarded.
[Pre-2002 Recodification Citation: 32-10-2-3.]
As added by P.L.2-2002, SEC.11.
