America is a dog-loving country; there’s no denying that. Nearly 50 million American families own a dog, making them by far the most popular pet. They’re loyal, fearless, fun, and make excellent guards to watch over your family.
However, the biggest problem with dogs is that they can bite, and their bites can be ferocious. That’s because most dogs have incredibly strong jaws and sharp teeth. They can pierce the skin, cause bleeding, and, in some unfortunate cases, even death.
Sadly, children are the most common victim of dog bites. Some bites are so bad that they need reconstructive surgery and can leave lasting physical and emotional scars. There are several statues and laws regarding dog bites in Louisiana that you must know if a dog bites you or a loved one.
Louisiana’s dog bite laws cover bites, attacks, and other injuries that a dog causes a human. Any injury caused by a dog (or another animal) falls under Louisiana’s ‘dog bite’ statutes.
What Is Louisiana’s ‘One Bite’ Rule?
The ‘one bite’ rule in Louisiana is very straightforward. It says that if a dog bites someone (anyone), it is the owner’s responsibility to make sure it doesn’t bite another person (or persons). The first person a dog bites will likely not have a legal case. However, if the same dog bites a 2nd person, the owner will most likely be held liable. That’s because they knew their dog was a risk to bite and didn’t do enough to protect the public.
Louisiana’s ‘One Bite’ laws were put in place to protect the public from dogs known to bite. They hold an owner responsible (in most cases) if their dog bites more than one person.
What Determines if a Dog Owner Will Be Held Liable For Their Dog Biting Someone?
To be found liable for injuries caused by a dog bite, the law sets several requirements, including:
- The owner knew their dog was a biter and was dangerous and yet failed to protect the public.
- The owner did not take steps to prevent their dog from biting, such as installing a fence around their yard.
- The dog must be found to have bitten the victim unprovoked.
- The victim must be found to have not provoked the bite in any way. (Teasing or harassing the animal, passing through a gated yard with ‘Beware of Dog’ signs, etc.)
Louisiana has established that any injuries caused by a dog are the liability of the dog owner. The dog owner also has a duty to protect the public from their dog if it is known to bite. Civil Code article 2321 has established that “the owner of an animal is answerable for the damages caused by that animal”.
If you would like to find out more about Louisiana’s dog bite laws or have questions about your legal rights, please call the law offices of injury lawyer Mike Mahone for a free case evaluation.
