Louisiana Dog Bite Laws 2024 Explained

Dog attacks and bites can be seriously dangerous, especially for children or elderly individuals. Some bites cause punctures, while others can cause crushing injuries, fractures, internal bleeding, and even death. If you or a loved one has been injured by another person’s dog, understanding the Louisiana dog bite laws is crucial to determining if you can recover compensation and hold an owner accountable.

Louisiana Dog Bite Laws

The main dog bite law establishes that dog owners are strictly liable for the damages caused by their dogs. The owner of any animal is responsible for damage caused by that animal. However, there are some limitations on this responsibility.

The owner is only responsible for damages if:

1. They knew or should have known, with reasonable care, that the animal would cause damage with its actions.
2. The damage caused by the animal was preventable if the owner used reasonable care.
3. The owner failed to use reasonable care.

The dog owner is always strictly liable for property damage or injuries that their dog causes if they could have prevented it. An owner is only not liable if the party was injured because they provoked the animal that attacked them.

Additionally, if there is clear evidence of negligence by the dog owner, the court can still hold them liable for the resulting damages.

Dangerous Dog Laws

In Louisiana, a dog is considered a dangerous dog if one of the following is true:

1. The dog engaged in an action that required immediate and defensive action to avoid serious injury on property that did not belong to the dog’s owner on two occasions in the prior 36 months, and the attacks were unprovoked.
2. The dog bites someone, causing an injury, and was unprovoked.
3. The dog has killed, inflicted serious injury, severely bitten, or harmed a domestic animal on property that did not belong to the dog’s owner on two separate occasions in the prior 36 months, and those attacks were unprovoked.

If a dog is considered a dangerous dog, then this is important information in a dog bite case. There are specific requirements about how owners must manage and restrain their dogs that are considered dangerous. Some of these requirements include:

1. The owner must properly restrain and confine the dog.
2. The dog must be kept indoors or in a secure location when on the owner’s property.
3. When off the owner’s property, the dog must be restrained, and the leash must prevent the dog’s escape and access to others.
4. Signs must be posted around the dog’s enclosure, warning of the dog.
5. The owner must inform an animal control agency if the dog dies, is sold, moved, or otherwise permanently removed from the owner’s residence.

When an owner of a dangerous dog fails to follow these laws, they can face civil penalties. If they fail to follow the laws and their dog injures someone, they may face serious civil consequences.

The Importance of an Attorney in Dog Bite Cases

The Louisiana laws regarding dog bites and owner liability are complex, and courts may reach different conclusions on the unique facts of the case. A personal injury claim may be based on strict liability or negligence, and, in some cases, a dog owner may not be liable. Talking with an attorney can provide a professional look at your unique case, and they can determine if you likely have a valid claim.

FAQs

What Happens If a Dog Bites Someone in Louisiana?

If a dog bites someone in Louisiana, their owner is held strictly liable, with some limitations. An owner is answerable for damages if they:

1. Knew or reasonably should have known that the dog would cause damage or harm
2. Could have prevented this damage with reasonable levels of care
3. Failed to do so

If this is the case, then the injured party can hold the owner liable for their damages, such as the cost of medical care and property damage.

What Proof Do You Need for a Dog Bite Claim?

The proof you need for a dog bite claim in Louisiana must establish several facts to result in a successful personal injury claim. You must be able to prove that the owner knew that the dog could cause harm and that their negligence in preventing that harm led to your injuries. You must also show the extent of your injuries. Evidence that can show these elements of a claim includes photos of the scene of the incident and eyewitness statements.

Is Louisiana a Leash Law State?

Yes, Louisiana is a leash law state, meaning that dog owners must keep their dogs on leashes or in enclosed areas. This includes dogs in a person’s possession or kept on their premises. It is illegal for this individual to allow a dog to run loose on unenclosed land or trespass on another person’s lands, whether those are enclosed or unenclosed.

What Is the Statute of Limitations for a Dog Bite in Louisiana?

The statute of limitations for a dog bite in Louisiana is the period of time that an injured party has to file a civil personal injury claim against the owner of the dog. If the dog owner is liable for damages, then this claim can recover the monetary and emotional damages from the animal attack. However, if the injured party does not file before the statute of limitations expires, they lose their ability to recover those damages. This deadline is important to be aware of.

Protecting Your Rights With a Personal Injury Attorney

A dog attack can be a very traumatic experience and leave you with life-altering injuries. It’s important to know if you have options to recover compensation. When your injuries occur because of an owner’s negligence, you need to hold them accountable for their failures. An experienced attorney can help with each part of this process.

At Murphy Law Firm, we have supported injured individuals and their families for the past 30 years throughout Louisiana. We understand the complex Louisiana dog bite laws and can determine how they apply to your unique case. When you are dealing with these injuries, you should prioritize healing. Our team can determine if you have a claim and what options you can use to recover compensation. Contact Murphy Law Firm today.