Louisiana holds dog owners to a higher standard of responsibility than many other states. If you’ve been bitten by a dog in Louisiana, the owner is typically liable even if the dog has never attacked anyone before.
Louisiana law operates under what’s called “limited strict liability.” Owners are responsible for bites their dogs could have prevented, regardless of the dog’s history. The state also imposes criminal penalties for severe attacks and requires victims to file claims within one year of the incident.At Melancon, Rimes & Daquanno, we’ve represented dog bite victims throughout our 20 years of practice. In one case, we secured a $360,000 jury verdict for a child who suffered facial injuries from a dog attack.
Understanding Louisiana’s Strict Liability Standard
Louisiana Civil Code Article 2321 makes dog owners “answerable for the damage” their animals cause. Under this law, an owner is strictly liable for injuries their dog causes if the incident could have been prevented and the victim did not provoke the animal.
This differs from the “one bite rule” used in some states. In those jurisdictions, an owner might avoid liability for a first bite if they had no reason to know the dog was dangerous. Louisiana doesn’t give dogs a free pass on their first attack.
To hold an owner liable, you typically must show one of two things:
- The owner knew or should have known the dog might cause harm and failed to use reasonable care to prevent it
- The dog presented an unreasonable risk and the owner didn’t prevent the injury
According to the American Veterinary Medical Association, approximately 4.5 million people are bitten by dogs each year in the U.S. Children are often the most common victims of severe attacks.
When Dog Owners Can Be Held Liable
Louisiana law requires dog owners to take proactive steps to control their pets. This includes:
- Keeping dangerous dogs confined
- Using leashes in public areas
- Warning others about aggressive dogs
- Preventing foreseeable injuries
If an owner knows their dog has growled at or snapped at people before, they have a legal duty to act responsibly. Failing to do so makes them answerable for any resulting injuries.
We’ve seen cases where owners claim they didn’t know their dog was aggressive. However, if the owner should have known based on the dog’s behavior, they can still be held liable. The law doesn’t reward willful ignorance.
Exceptions That May Limit Liability
While Louisiana favors victims through strict liability, two main defenses can reduce or eliminate an owner’s responsibility.
Victim Provocation
Provocation is a complete defense under Louisiana law. If you provoked the dog and that led to the bite, the owner may not be liable.
Provocation can include:
- Hitting or teasing the dog
- Stepping on the dog’s tail
- Reaching toward an unfamiliar dog
- Other actions that reasonably trigger the animal
The law states that someone who provokes a dog “is not eligible for any damages,” even if the owner was otherwise negligent. Insurance companies often look for any evidence of provocation to avoid paying claims.
Comparative Fault
Louisiana applies pure comparative negligence to personal injury cases, including dog bites. If you were partly at fault for the incident, any compensation you receive can be reduced by your percentage of fault.
For example, if you ignored a “Beware of Dog” sign and entered a yard where you were bitten, a court might find you 30% at fault. Your damages award would be reduced by that amount.
Common situations that raise comparative fault include:
- Approaching a dog despite warning signs
- Unlawfully being on private property
- Ignoring clear danger indicators
Who Can Be Held Responsible for a Dog Bite?
The dog’s owner is usually the primary defendant, but other parties might also be liable depending on the circumstances.
| Party | When They May Be Liable |
| Dog Owner | Failed to restrain dog or ignored known aggressive tendencies |
| Household Members | Was controlling the dog at the time and their negligence led to the bite |
| Landlords | Knew tenant’s dog was dangerous and failed to address it, or injury resulted from property condition under landlord’s control |
| Parents of Minors | Minor owns or is responsible for a dog that bites someone |
| Animal Businesses | Kennel, vet clinic, or shelter was negligent in handling an aggressive animal |
In some incidents, multiple parties might share fault. An experienced attorney can investigate to identify all responsible sources so you can seek full compensation.
Dangerous Dog Classifications and Requirements
Louisiana law defines specific categories for dogs that have shown aggressive behavior.
A dog may be legally classified as “dangerous” if it has:
- Bitten or injured a person without provocation
- Shown aggressive behavior on at least two occasions in the past 36 months
A single unprovoked bite that causes injury is enough to label a dog dangerous under Louisiana Revised Statutes §14:102.14.
Once a dog is declared dangerous, owners must:
- Keep the dog properly restrained at all times
- Confine the dog indoors or in a secure enclosed yard
- Only allow the dog out on a strong leash and under control
- Post clear “Beware of Dog” signs at all property entrances
Violating these requirements can result in a fine up to $300 and having the dog confiscated.
Louisiana also defines a “vicious dog” as one that seriously injures or kills a person after being previously declared dangerous. It is unlawful to own a vicious dog at all. Owners who keep such dogs can face misdemeanor charges with penalties up to $500 and six months in jail.
Criminal Penalties for Dog Owners
Louisiana enacted the Luna McDaniel and Michael “Blaise” Landry Act in 2009 to address severe dog attacks. This law created criminal liability for owners whose negligence leads to serious injury or death.
Negligent Homicide
If a dog kills someone and the owner’s criminal negligence in handling the dog led to the attack, the owner can be charged with negligent homicide. This is a felony punishable by up to 5 years in prison and a $5,000 fine.
Criminal negligence means the owner showed reckless disregard for others’ safety, such as knowingly letting aggressive dogs run loose.
Negligent Injuring
If a dog causes serious bodily injury because an owner recklessly failed to control the animal, the owner may face negligent injuring charges. This misdemeanor carries up to 6 months in jail and a $500 fine.
These criminal provisions emphasize that Louisiana views certain dog attacks as more than accidents. They can be crimes that warrant prosecution to protect public safety.
Time Limit to File a Dog Bite Claim in Louisiana
Louisiana has a one-year statute of limitations for dog bite injury lawsuits. You must file any legal claim within 1 year of the bite, or you forfeit your right to compensation.
This deadline is significantly shorter than in most states. According to Justia’s 50-state survey, many states provide at least 2 years for dog bite claims.
The one-year period starts on the day the injury happens and expires exactly one year later. Louisiana courts will typically refuse to hear cases filed after this deadline, with very few exceptions.
This short timeframe means you should:
- Mark the date of the incident immediately
- Seek legal advice promptly
- Begin gathering evidence early
- File suit before the deadline, even if you’re still negotiating
Insurance companies know you lose leverage after the filing period passes. Don’t let the deadline catch you off guard.
What Compensation Can Dog Bite Victims Recover?
Dog bite victims in Louisiana can seek compensation for all losses suffered due to the attack. Recoverable damages typically include:
Economic Damages:
- Medical expenses (emergency room, surgery, medications, therapy)
- Future medical costs for ongoing treatment
- Lost wages from missed work
- Reduced earning capacity if the injury affects future work ability
Non-Economic Damages:
- Pain and suffering
- Emotional trauma and mental anguish
- Scarring and disfigurement
- Loss of enjoyment of life
- Psychological counseling costs
Punitive Damages (in rare cases):
If the owner’s conduct was reckless or wanton, such as deliberately letting a known vicious dog run loose, a court might award punitive damages to punish the behavior. These require showing “wanton or reckless disregard for the safety of others.”
Most dog bite claims are paid through the owner’s homeowner’s or renter’s insurance policy. These policies typically include liability coverage for injuries caused by the policyholder’s pets. If insurance doesn’t cover the full amount or the damages exceed policy limits, the owner can be held personally responsible for the excess.
When we represented a minor child who was attacked on the face and shoulder by a neighbor’s dog, we secured a $360,000 jury verdict after a week-long trial. This was more than 3.5 times the insurance company’s maximum settlement offer of less than $100,000.
Steps to Take After a Dog Bite
What you do immediately after a dog bite can significantly impact your claim. Follow these steps:
1. Seek Medical Attention
Wash the wound with soap and water, then get professional medical treatment. Even minor-looking bites may need a tetanus shot, rabies evaluation, or antibiotics. Medical records documenting your injury will be crucial evidence later.
According to the Centers for Disease Control and Prevention, only about 1 in 5 dog bite wounds receive medical attention. Don’t become part of this statistic.
2. Report the Incident
File a report with local animal control or police as soon as possible. An official incident report documents the details and can corroborate your story. Authorities will verify if the dog is up to date on rabies vaccinations and may investigate the dog’s history.
Don’t skip this step even if the owner asks you to handle it privately.
3. Gather Evidence
If you’re able, collect:
- The dog owner’s name and contact information
- The dog’s breed and description
- Contact information for witnesses
- Photographs of your injuries, torn clothing, and the scene
- Records of all expenses (medical bills, receipts, mileage)
Write down your recollection of what happened while it’s fresh.
4. Be Cautious with Insurance Companies
If the owner’s insurance company contacts you, don’t give a recorded statement or sign anything without consulting an attorney first. Insurance adjusters may try to settle quickly for a low amount or get you to admit fault.
You’re not obligated to speak with the other party’s insurer immediately.
5. Consult an Attorney
Dog bite cases can raise complex legal issues, from proving negligence to dealing with provocation defenses. Speaking with an experienced attorney is highly recommended.
Most attorneys offer free consultations and can explain your options and the potential value of your case. An attorney will handle communications with insurance companies, identify all liable parties, and fight for maximum compensation.
The dog owner’s insurance will have professionals working for them. You should have a professional on your side too.
Common Mistakes That Can Hurt Your Dog Bite Claim
Understanding what to avoid can be just as important as knowing what to do after a dog attack. These mistakes can reduce or eliminate your potential compensation.
Waiting Too Long to Seek Medical Care
Some people delay seeing a doctor because the bite doesn’t seem serious. This is a mistake. Dog bites can cause infections, nerve damage, and other complications that aren’t immediately apparent. Without prompt medical documentation, insurance companies may argue your injuries weren’t severe or weren’t caused by the bite.
Accepting a Quick Settlement Offer
Insurance companies often make low initial offers hoping you’ll accept before understanding the full extent of your injuries. Some injuries require ongoing treatment or develop complications over time. Accepting a settlement too early may prevent you from recovering additional compensation later.
Once you accept a settlement and sign a release, you typically cannot pursue additional compensation even if your injuries worsen.
Not Documenting the Dog’s History
The dog’s prior behavior matters. If neighbors know the dog has been aggressive before, their testimony strengthens your case. Talk to people in the area soon after the incident while memories are fresh. This information may be harder to obtain later.
Giving Recorded Statements Without Legal Advice
Insurance adjusters may contact you soon after the attack requesting a recorded statement. What you say can be used to reduce or deny your claim. Adjusters may ask leading questions designed to get you to:
- Admit partial fault
- Downplay your injuries
- Contradict yourself
You have no legal obligation to give a recorded statement to the other party’s insurance company immediately after an attack.
Posting on Social Media
Insurance companies and defense attorneys routinely review social media profiles of claimants. A photo of you smiling at a family gathering might be used to argue you’re not suffering emotionally, even though you’re putting on a brave face for loved ones.
Limit social media activity during your claim. Don’t post about the incident, your injuries, or your daily activities.
Missing the Filing Deadline
Louisiana’s one-year statute of limitations is strict. If you miss this deadline, you lose your right to compensation entirely. The courts rarely make exceptions. Don’t assume you have plenty of time.
Understanding the Claims Process in Louisiana
Knowing what to expect can help you prepare for each stage of pursuing compensation for a dog bite injury.
Initial Investigation
The first step involves gathering all relevant facts about the incident. This includes obtaining the incident report from animal control, collecting medical records, photographing injuries, and interviewing witnesses. The dog owner’s insurance company will conduct their own investigation.
Demand and Negotiation
Once you’ve completed or are nearing the end of medical treatment, your attorney will send a demand letter to the insurance company. This letter outlines the facts, establishes liability, and requests specific compensation. The insurance company will respond with either an acceptance, counteroffer, or denial.
Most cases settle during this negotiation phase. However, settlement is only appropriate when the offer adequately compensates you for all your losses.
Filing a Lawsuit
If negotiations don’t produce a fair settlement, filing a lawsuit may be necessary. In Louisiana, you must file within one year of the bite. Filing suit doesn’t necessarily mean going to trial. Many cases settle after a lawsuit is filed once the insurance company recognizes you’re serious about pursuing full compensation.
Discovery
During discovery, both sides exchange information through document requests, written questions called interrogatories, and depositions where witnesses answer questions under oath. This process can take several months.
Trial
If the case doesn’t settle, it proceeds to trial. A judge or jury will hear evidence from both sides and determine liability and damages. Trials typically last several days depending on the complexity of the case.
In our experience handling dog bite cases in Baton Rouge, thorough preparation during the early stages often leads to better settlement offers before trial becomes necessary.
Contact a Baton Rouge Dog Bite Attorney
If you or a loved one has been injured by a dog attack in the Baton Rouge area, contact Melancon, Rimes & Daquanno for a free consultation. We serve clients throughout East Baton Rouge, West Baton Rouge, Ascension, Livingston, Iberville, Pointe Coupee, West Feliciana, East Feliciana, and St. Helena parishes.
We work on a contingency fee basis for personal injury cases. You don’t pay anything unless we win your case. We advance all case expenses, and you only pay our fee from a successful outcome.
Call (225) 303-0455 or visit our office at 6700 Jefferson Hwy (Building 6), Baton Rouge, LA 70806. Remember, you have only one year to file a claim in Louisiana.
