Dog bites can result in costly medical bills and long-lasting injuries. If you were bitten by a dog in Louisiana—or your dog bit someone—you may be wondering about the legal implications.
The dog bite laws in Louisiana include the strict liability rule, the “one bite“ rule, local leash laws, and the state‘s two-year statute of limitations. If you’ve been bitten by a dog, you may be unsure about what to do next. A Lafayette dog bite lawyer can take on your case and help you pursue compensation.
What Are Louisiana’s Dog Bite Laws?
The primary law governing dog bite cases in Louisiana is Louisiana Civil Code Article 2321, which outlines when a dog owner is liable for injuries or damage caused by their pet. Some of the most important elements of dog bite laws in Louisiana are:
- Strict liability: Dog owners are not automatically liable for every bite. Rather, the victim must show that the owner was aware (or should have been aware) of the dog’s dangerous tendencies and failed to prevent the attack.
- The “one bite” rule: A dog typically gets one “free” incident before the owner is assumed to know the dog is dangerous. After that, the owner may be held liable for future incidents.
- Leash and restraint ordinances: Louisiana enforces a statewide leash law, and most cities have their own ordinances as well.
- Statute of limitations: Victims only have two years from the date of the bite to file a personal injury claim in Louisiana.
- Comparative fault: Louisiana follows a comparative fault system, meaning the victim’s own actions (such as provoking the dog or trespassing) can reduce the amount of compensation they receive.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhat Is the ‘One Bite Rule’ in Louisiana?
Louisiana is considered a “one bite rule” state. According to this rule, a dog typically gets one “free bite” before the owner is presumed to have knowledge of its dangerous behavior. If a dog has never acted aggressively before, it may be harder for a victim to prove the owner was negligent or knew the dog posed a risk.
However, once a dog has shown aggressive behavior—such as growling, snapping, or biting—the owner is expected to take action to prevent future incidents. If they don’t, they may be held liable for subsequent bites.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientIs Louisiana a Leash Law State?
Yes, Louisiana has a statewide leash law that dictates that a dog must be kept on a leash when it’s not on its owner’s property. In addition, most cities and parishes enforce local ordinances requiring dogs to be leashed or confined when outside.
Violations of these laws can be used as evidence of negligence if a dog bite occurs while the dog is off-leash or roaming freely.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat Happens if a Dog Bites Someone in Louisiana?
After a dog bites someone in Louisiana, the victim has the right to pursue a personal injury claim against the dog’s owner. This can involve filing a claim with the owner’s homeowners’ or renters’ insurance or taking the matter to court.
In addition to the civil legal process, the incident may also be reported to local animal control or law enforcement authorities. These agencies typically investigate the situation to determine whether the dog has a history of aggression or poses a continued threat to public safety.
Depending on the severity of the attack and the dog’s behavior, the dog may be placed under quarantine for observation, typically to monitor for signs of rabies. In serious or repeated cases, the dog may be declared dangerous or vicious, which can result in confinement, restrictions on its ownership, or, in extreme situations, mandatory euthanasia.
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ClientHow to File a Dog Bite Claim in Louisiana
To file a dog bite claim in Louisiana, take the following steps:
- Seek medical attention immediately.
- Report the bite to animal control or the police.
- Collect evidence, such as photos of your injuries, witness statements, and the dog owner’s contact information.
- Document expenses, including medical bills, lost wages, and other financial losses.
- Contact a personal injury lawyer who handles dog bite cases to get help filing a claim.
How Much Compensation Do You Get for a Dog Bite?
Dog bite settlements can vary widely based on the severity of the injury, medical costs, and the incident’s long-term effects. Some claims may be worth a few thousand dollars. Others can reach six figures or more when they involve permanent disfigurement or psychological trauma. An attorney can help calculate the value of your claim.
What Types of Compensation Can You Receive for a Dog Bite?
If you were bitten by a dog in Louisiana, you can potentially recover:
- Medical expenses: You can be reimbursed for emergency care, surgeries, medication, and therapy.
- Lost wages: You can receive compensation for income you’ve lost due to time off work or reduced earning capacity.
- Pain and suffering: You can seek compensation for physical pain and emotional trauma.
- Scarring or disfigurement: You can be compensated if the bite leaves visible scars or permanent damage.
- Property damage: If the dog damaged your clothing, glasses, or other belongings, you can recover repair or replacement costs.
- Punitive damages: In cases involving extreme negligence or intentional harm, additional compensation may be awarded to punish the owner.
Does Insurance Cover Dog Bites?
Yes, homeowners‘ and renters‘ insurance policies typically cover dog bites. Most policies provide liability coverage up to a certain limit, usually ranging from $100,000 to $300,000.
However, some insurance companies exclude certain dog breeds or deny coverage if the dog has a known history of aggression. If the victim’s damages exceed the policy’s limit, the dog owner may be held personally responsible for the remaining amount.
Why Do I Need a Dog Bite Lawyer?
Dog bite cases are not always straightforward. An experienced Louisiana dog bite lawyer can:
- Investigate the incident and gather crucial evidence.
- Determine whether the owner was negligent or violated local leash laws.
- Handle communications with insurance companies.
- Help you file a timely and complete claim.
- Negotiate a fair settlement.
- Represent you in court (if necessary).
How Much Does a Dog Bite Lawyer Cost in Louisiana?
The dog bite attorneys at Laborde Earles work on a contingency fee basis, meaning:
- You pay nothing upfront.
- Your lawyer only gets paid if you win your case.
- Your lawyer’s fee will be an agreed-upon percentage of your settlement or award.
What Proof Do You Need for a Dog Bite Claim?
To build a strong dog bite claim in Louisiana, you’ll need:
- Medical records linking your injuries to the bite
- Photos of your injuries and the scene of the attack
- Witness statements or surveillance footage (if available)
- Proof of damages, including medical bills and lost income
- Evidence of negligence, such as prior complaints, leash law violations, or signs that the owner knew the dog was dangerous
The more documentation you have, the stronger your case will be.
Is It My Fault if My Dog Bites Someone?
As a dog owner, you can be held responsible if it’s proven you knew or should have known your dog had dangerous tendencies. However, there are defenses available, including:
- The victim was trespassing.
- The victim provoked the dog.
- You took reasonable steps to restrain or control the dog.
A lawyer can help determine whether you can be held liable for your dog’s bite.
Can I Go to Jail for My Dog Biting Someone?
In most cases, you won‘t go to jail if your dog bites someone. However, there are situations where jail time is possible, such as if the dog had a history of aggression and you failed to take precautions, or the attack results in severe injury or death.
When Is a Dog Owner Not Liable for a Bite?
A dog owner in Louisiana might not be held liable for a bite in the following scenarios:
- The victim provoked the dog (such as by hitting or teasing it).
- The victim was trespassing on private property.
- The owner had no reason to believe the dog was dangerous and took reasonable precautions.
What Does Strict Liability Mean for Dog Owners in Louisiana?
Louisiana enforces a modified strict liability rule when it comes to dog bites. This means that a dog owner can be held liable for injuries their dog causes—even if the dog had never bitten anyone before or shown signs of aggression—but only under certain conditions.
To hold a dog owner liable under strict liability, the following must be true:
- The dog’s behavior posed an unreasonable risk of harm.
- The owner knew or should have known of the risk.
- The harm could have been prevented with reasonable care.
- The owner failed to take reasonable steps to prevent the injury.
What Is the Statute of Limitations for a Dog Bite Claim in Louisiana?
Under Louisiana law, dog bite victims generally have two years from the date of the incident to file a personal injury lawsuit. If you fail to file within this time frame, the court may dismiss your case, regardless of its merit. For this reason, it’s crucial to consult an attorney soon after you’re bitten.
What Are My Rights as a Dog Bite Victim in Louisiana?
As a dog bite victim in Louisiana, you may have the right to:
- Report the incident to local animal control for investigation.
- File a claim against the dog owner’s homeowners’ or renters’ insurance.
- Seek compensation for medical bills, lost wages, pain and suffering, and other damages.
- Pursue a lawsuit if a settlement cannot be reached.
You also have the right to request that the dog be evaluated or quarantined, especially if the animal’s vaccination status is unclear.
Can I File a Claim for a Dog Bite on Public Property?
Yes, you can file a claim if you were bitten by a dog while on public property, such as a park, sidewalk, or street. The location of the attack does not absolve the dog owner of responsibility. However, you still need to show that the owner failed to take reasonable precautions or that they knew (or should have known) the dog posed a risk.
What Does a Level 2 Dog Bite Look Like?
Dog bites are classified into levels based on severity. A Level 2 dog bite occurs when a dog’s teeth make contact with a person’s skin but do not puncture it. It may leave red marks or bruises, but there is no breaking of the skin.
Common Causes of Dog Bites
Dog bites can happen for many reasons, but some of the most common causes include:
- Fear or anxiety
- Protective or territorial instincts
- Improper training or lack of socialization
- Pain or illness
- Resource guarding
- Startling the dog while it’s sleeping or eating
Common Dog Bite Injuries
Dog bites can cause a range of injuries, such as:
- Puncture wounds
- Lacerations and scarring
- Infections (including rabies or tetanus)
- Nerve damage
- Emotional trauma or PTSD
- Broken bones
Contact a Louisiana Dog Bite Lawyer
Dog bite claims can be complicated, especially when liability is disputed or insurance companies get involved. A skilled Louisiana dog bite lawyer from Laborde Earles can explain your rights, investigate the incident, and help fight for the compensation you need to move forward.
Schedule a free consultation to start building your case with Louisiana Attorneys That Care.
