§ 32-26-2-3 — Tender of costs and damages; confession of judgment

Indiana § 32-26-2-3

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 26: FENCES
• Ch. 2: Enclosures, Trespassing Animals, and Partition Fences

Text

(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.]

Legislative History

As added by P.L.2-2002, SEC.11.