A Comprehensive Louisiana Dog Bite Law Overview

TRI Writer • October 15, 2024

Dog bite law is often not as straightforward as one might think. It presents some unique challenges not found in more traditional types of personal injury cases. The Delphin Law Offices in Lake Charles, Louisiana, handle multiple types of injury law, including sometimes tricky dog bite cases. Their attorneys offer this comprehensive overview of how Louisiana law treats dog bites and how we can help.

Louisiana Dog Bite Law

Under Louisiana Civil Code article 2321, a dog owners’ liability is virtually automatic. Sometimes called “strict liability,” this means that a dog owner is responsible for any injuries caused by their dog, even if they had no idea the animal could or would be dangerous. This stricter law replaces former common laws known as the “one bite” rule. The common law made personal injury lawsuits harder if the owner did not have any reason to believe their dog was aggressive prior to the bite incident.

The only exceptions to the “strict liability” rule are as follows:

  • If the injured person provoked the dog
  • If the owner could not have prevented the injury

In Louisiana, statutes of limitations set deadlines for filing personal injury lawsuits. Beginning with an amended law taking effect after July 1, 2024, Louisiana CC 3493.1 provides for a two-year prescriptive period for damages sustained as a result of a “tort”, or civil wrong/injury. You may have up to two years to file a personal injury and property damage lawsuit against a negligent dog owner, depending on your particular case.

Schedule a consultation with The Delphin Law Offices to help determine the proper statute of limitations and other factors pertaining to your case.

When Is a Lawsuit Possible?

In some cases, a dog owner can be held responsible for injuries caused by their dog, even if the dog didn’t directly cause the injury. For example, if a dog chases someone into the street and that person is struck by a vehicle, the dog owner can be held responsible. If the dog owner acted negligently, legal action can be taken against them for this negligence.

What Damages Are Possible for Recovery After a Dog Bite Injury?

In personal injury claims, dealing with insurance companies can be challenging. However, with the assistance of a knowledgeable Lake Charles dog bite lawyer, you can increase your chances of obtaining the full compensation you deserve for both physical and emotional suffering and for covering your medical expenses.

Under Louisiana law, a dog bite lawsuit allows victims to seek compensation from the dog owner and others who may share responsibility for the incident. Compensation may include economic damages like lost wages from missed work and medical and rehabilitative expenses. It can also include non-economic damages, like pain and suffering. LA state law does not allow punitive damages.

The laws regarding dog bites can differ widely from one local jurisdiction to another, so it’s crucial to have a dog bite attorney knowledgeable about your area’s specific regulations. Our skilled legal team deeply understands these laws and the legal system, enabling us to provide you with the legal support you require.

Lake Charles Dog Bite Lawyer

If you have recently been bitten by a dog and suffered serious injuries, it is essential to seek legal advice. A reputable dog bite lawyer in Lake Charles, LA, from the Delphin Law Offices, PLC, can provide the support and guidance you need. We prioritize understanding each client’s individual needs and approach each case with compassion and empathy. Contact our offices to arrange a consultation today.

 

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