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.
Structure Indiana Code
Chapter 2. Enclosures, Trespassing Animals, and Partition Fences
32-26-2-2. Domestic Animal Breaking Into Enclosure
32-26-2-3. Tender of Costs and Damages; Confession of Judgment
32-26-2-4. Strays; Confining Domestic Animal
32-26-2-5. Notice to Owner; Confining Domestic Animal
32-26-2-6. Examination and Assessment of Damages
32-26-2-7. Notice or Advertisement of Confined Domestic Animal
32-26-2-8. Owner Demanding Trespassing Stray From Confiner
32-26-2-9. Trial; Owner Controverting Damages or Denying Trespass
32-26-2-11. Damages and Costs; Payment Before Recovering Property
32-26-2-12. Judgment; Trespass Not Committed by Animal Confined
32-26-2-13. Sale of Trespassing Strays; Retention of Damages and Costs
32-26-2-14. Release of Trespassing Animal; Fence Not Lawful
32-26-2-15. Existing Fence Becoming Partition Fence; Compensation
32-26-2-16. Existing Fence Becoming Partition Fence; Action for Payment
32-26-2-17. Joining Fence to Fence of Another
32-26-2-18. Notice; Intention to Remove Partition Fence
32-26-2-19. Removal of Fence Erected on Land of Another; Damages
32-26-2-20. Removal of Fence Erected on Land of Another; Safeguarding Crops