Louisiana Dog Bite Laws – All You Need to Know

Louisiana dog bite laws exist to protect victims and force accountability from careless owners. Victims need to know about these laws so they can act on them. If a dog owner ignores their duties, people get hurt. The law provides a path to recover damages.

When Are Dog Owners Liable?

A dog owner can be held liable if the dog causes harm and the owner fails to prevent that harm. The law focuses on whether the animal created an unreasonable risk and whether the owner ignored that risk. A person who is hurt must show that the dog’s behavior wasn’t just unexpected. The behavior had to have been dangerous in a way that the owner should have handled.

The injured person must also show that they didn’t provoke the dog. If the victim teased the dog or entered private property without consent, they may not have a strong claim. Each case turns on its facts. Courts look at how the dog acted in the past. They also look at what the owner knew or should have known about the dog’s behavior.

Others Who Could Be Involved

Some dog bite cases involve more than just an owner and a victim. A landlord could be pulled into a claim if the tenant’s dog was known to be dangerous. These cases are harder to prove. The person filing the claim must show the landlord had real control over the dog or the property.

Children are common victims in dog bite cases. Courts often treat young children differently. A child may not be seen as provoking the dog, even if they touched or startled it. That can make the owner more responsible.

Dangerous Dogs

Some areas in Louisiana have stricter rules for dogs that are known to be dangerous. Owners of these dogs must follow unique conditions. They are meant to lower the risk of harm.

Some of these conditions include:

• Dangerous labels: A dog may be labeled dangerous if it bites someone without being provoked. It could also be labeled as this if it shows clear signs of aggression. Animal control can make this determination based on reports or past behavior.
• Containment rules: Once labeled dangerous, the dog often must be kept in a secure enclosure. The structure must keep the dog from escaping and prevent anyone from reaching in. A warning sign may also be required.
• Restraint in public: Dangerous dogs must be on a leash when taken off the property. The leash has to be maintained by a responsible adult who can control the animal. This can prevent hospitalizations related to dog bites, which have increased by 86% from 1993 to 2008.
• Insurance requirements: Some parishes require owners of dangerous dogs to carry liability insurance coverage. This insurance helps cover costs if the dog injures someone again.

If the owner breaks any of these rules, the owner faces higher penalties. In some cases, the dog might be declared vicious and taken from the owner.

Damages in Dog Bite Cases

Someone who is bitten by a dog may face steep medical costs. These costs tend to be 50% higher than the average cost for a hospital visit. This can include emergency care and potentially surgery. Some people also miss work while healing. If a dog bite causes long-term harm, these losses may also be part of the claim.

Pain and suffering can also be a part of the damages. Bites often lead to fear or trouble being around animals again. Children might carry these effects longer than adults.

Each claim will look at how the injury changed the person’s daily life. The more lasting the harm, the higher the damages may be.

Why Do I Need an Attorney?

Dog bite claims involve more than just showing a scar or medical bill. The person filing the claim must prove the owner failed to control a dangerous dog. That takes records, witness statements, and a clear timeline of what happened.

Insurance companies may offer low payments or deny claims entirely. A knowledgeable dog bite attorney can collect the right proof and deal with those insurers.

Laws change from one parish to another. Knowing how local rules apply to a case can change the outcome. A skilled personal injury attorney can guide that process and help the injured person focus on healing.

FAQs

Q: What Is the Law on Dog Bites in Louisiana?

A: The law on dog bites in Louisiana is Civil Code Article 2321. It holds a dog owner responsible if the dog causes damage and the injury is preventable. The injured person must not have provoked the dog. They also must have been allowed on the property. The law does not protect every bite victim.

Q: Does Louisiana Follow the One Bite Rule?

A: Louisiana does not follow the one bite rule. A dog owner can still be liable even if the dog has never bitten anyone before. The focus is not on past bites but on whether the dog created a preventable risk. The law does not require proof that the dog was aggressive in the past. This is considered a form of strict liability.

Q: Can Someone File a Claim for a Dog Bite on Public Property?

A: Someone can file a claim for a dog bite on public property. The law does not excuse an owner just because the bite happened outside of their home. What matters is whether the owner failed to control the dog. The injured person might have a valid case if they had a right to be there and did not provoke the animal.

Q: What If the Victim Was Trespassing When the Bite Happened?

A: If the victim was trespassing when the bite happened, the dog owner might not be liable. Louisiana law gives owners more protection when someone enters the property without permission. There are some limited exceptions, like if the owner ordered the dog to attack. A court might still review the case, but it could be harder to file a claim.

You Have Rights After a Dog Bite

The average cost for a dog bite claim has increased by 174.7% since 2015. Dog owners who fail to control their animals should be held responsible. Louisiana law makes it possible for victims to receive justice. Schedule a consultation with Chris Villemarette, Trial Lawyer, to learn what comes next.