Dog Bite Law in Louisiana

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Louisiana is one of many states that have adopted a strict liability statute concerning dog bite injuries. This statute places greater liability on the owner of animals and offers more protection and compensation for victims of dog attacks. It also requires that specific rules be followed in cases concerning dog bites. The defendant, or the owner of the dog, is held liable when certain events occur.

“Art. 2321.  Damage caused by animals

The owner of an animal is answerable for the damage caused by the animal.  However, he is answerable for the damage only upon a showing that he knew or, in the exercise of reasonable care, should have known that his animal’s behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care.  Nonetheless, the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person’s provocation of the dog.  Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.

Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.”

DogBiteLaw_wrapBasically, the statute states that if the bite could have been prevented by the owner, then the owner is liable, regardless of whether the owner was present during the incident or not.

Also, what the owner knew or did not know about their dog previous to the bite is irrelevant to the incident. Even if the dog has no history of being violent or has a long history of being violent and the owner has not taken adequate precautions to ensure the safety of others, then the owner is still liable for the injury.

The victim of the dog attack needs to consider two stipulations of the statute that may affect whether they have a case or not.

  1. Whether the victim was legally allowed at the location where the bite occurred and
  2. Whether the victim provoked the dog into attacking

While these stipulations may affect whether you have a case or not, you should always consult a lawyer. The dog bite laws in Louisiana are very protective of the victim of incidents and if you or someone you know was bitten by a dog, you should talk to someone who can help you recover from and be compensated for your injuries.


This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. Any information provided on this site should not be used as a substitute for competent legal advice from a professional attorney in your state. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship. The content of an e-mail sent to Scott T. Gegenheimer Attorney at Law or any of its attorneys will not create an attorney-client relationship and will not be treated as confidential.

 

Where Does Your Compensation Come From After a Dog Attack?

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You are finally safe after being attacked by that strange dog that was wandering through your neighborhood. You’ve sought medical attention, reported the incident, and contacted an attorney, but now you’re wondering how you can pay for those medical bills. So where exactly does your compensation come from?

The Insured

Even though Louisiana has a strict liability statute and the owner is technically liable for damages, the dog owner’s insurance company will most likely pay for the medical bills you’ve incurred. In fact, according to the Insurance Information Institute, more than one-third of homeowner’s insurance claim dollars in 2014 were paid out due to dog-related injuries. Whether it is homeowner’s, renter’s, landlord’s, motor vehicle or other types of insurance, you generally won’t have to pay for your medical bills if the owner is insured.

Insurance usually covers dog attack injury expensesThe Uninsured

Some insurance companies will only pay up to a certain dollar amount or they might only cover certain dog breeds. If you find yourself attacked by a dog that is not covered by the dog owner’s insurance or you go over the dollar limit, don’t panic. In the case that the insurance is inadequate or even non-existent, the owner of the dog is responsible for paying for damages with their own money.

Many dog bite lawsuits will never reach court because the dog owner’s insurance company or the owner will settle them before it reaches that point. Finding an attorney with a background in dog attack cases, whether it reaches court or not, will help ensure you are fully compensated by insurance companies or the dog owner for all your injuries.


This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. Any information provided on this site should not be used as a substitute for competent legal advice from a professional attorney in your state. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship. The content of an e-mail sent to Scott T. Gegenheimer Attorney at Law or any of its attorneys will not create an attorney-client relationship and will not be treated as confidential.

When a Dog Bites, Who Pays?

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When a Dog Bites, Who Pays?

Highly Experienced Baton Rouge Dog Bite Lawyer

Every year approximately 800,000 people require medical attention for a dog bite injury. Children are the most vulnerable dog bite victims, often sustaining serious head, neck or facial injuries. Many times these injuries result in severe scarring and disfigurement, not to mention emotional trauma from the dog attack. If you or your child has suffered a dog bite injury, you are likely shocked and angry, and rightly so under the circumstances. You also have many questions, the main one being: Who is going to pay for the dog bite injury? Generally, unless there was provocation, particularly if there was trespass, the owner of the dog is responsible. This is because Louisiana dog bite law runs under a strict liability theory.

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