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

IN Code § 32-26-2-3 (2019) (N/A)
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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.

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