1. (a) The owner of a domestic animal described in section 2 of this chapter may:

   1. (1) tender to the person injured by the domestic animal:

      1. (A) any costs that have accrued; and
      2. (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. (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.

2. (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. (1) shall pay the costs of the trial; and

   2. (2) may recover only the damages awarded.

      [Pre-2002 Recodification Citation: 32-10-2-3.]

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