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.]
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