While many dog bites cause only minor injuries, others spread disease and may lead to lasting disabilities or disfigurement. You may deserve compensation to treat these injuries and limit the long-term effects of a dog bite as much as possible.
Why You Should Call a Marksville Dog Bite Lawyer
Each state has procedures for determining legal liability for a dog bite. Whereas some states do not require the plaintiff to prove liability, Louisiana does. Louisiana dog bites fall under personal injury law in Louisiana Civil Code (CC) §2321.
An Avoyelles Parish dog attack attorney from our team can help you or a loved one determine who is liable for your injuries. The owner of the dog is generally liable for their animal’s damages if:
- They were aware or should have been aware that their dog’s behavior could cause harm.
- They did not take reasonable care.
- They could have taken reasonable care to prevent the harm.
- The injured individual did not provoke the dog to attack.
A dog owner who lets their dog out in the yard without a leash or a fence, knowing that their dog could act aggressively, is not taking reasonable care to prevent harm. If a neighbor walks by and does not provoke the dog yet suffers a bite, the dog’s owner will likely be found liable.
This statute covers not only dog bites but also other injuries caused by a dog’s actions. For example, if a dog jumps on someone and knocks them over, the owner could be liable for any injuries the person incurred from their fall.
With the help of a personal injury attorney from our office in Marksville, the injured person could seek compensation under this law for the damage caused by the dog.
Filing Within the Statute of Limitations
People who suffer from a dog bite generally have only two years from the date of their injury to file a case for damages per CC 3493.1. This deadline is known as the statute of limitations.
Missing this deadline generally prevents the injured individual from filing a lawsuit and bars them from any possible recovery. Potential plaintiffs should also understand that the sooner a Marksville dog bite lawyer can collect evidence in their case, such as pictures of the bite and medical records, the stronger their case may be.
How Do You Prove Negligence in a Dog Bite Case?
Dog bite laws in Marksville are based on strict negligence laws. This means that to be awarded damages, the plaintiff in a dog bite case must show that the owner breached their duty of care by failing to control or restrain the dog and prevent a foreseeable injury. This differs from ordinary negligence cases where a plaintiff must also demonstrate they suffered injuries that another negligent party directly caused.
Injured plaintiffs may need to discuss the circumstances surrounding their injury with a Marksville dog bite lawyer to determine if these facts can be proven in a civil court of law. Our team can review your case at no cost to you.
It is important to note that if the injured individual provoked the dog to bite or otherwise injure them, the dog’s owner may not be liable for the plaintiff’s damages. It may be unlikely that a Marksville court will compensate a plaintiff in this instance.
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