A dog attack can be a terrifying and life-changing experience. It leaves victims with physical injuries, emotional scars, and mounting medical expenses. If you or someone you love has been injured in a dog attack, one of your first questions may be, “Who is legally responsible for this, and how can I seek justice?”
In Louisiana, there are specific laws regarding dog attack liability. Understanding these laws can help determine who is at fault and what steps to take next.
Louisiana’s Legal Approach to Dog Bites
Louisiana’s dog bite liability laws are rooted in Article 2321 of the Louisiana Civil Code. Under this law, dog owners are generally held responsible for injuries caused by their pets—but there’s a key condition. The victim must prove that the owner knew, or should have known, that the dog had a tendency to cause harm and that the injury could have been prevented if the owner had exercised reasonable care.
This legal principle is often referred to as the “knew or should have known” standard. It places greater responsibility on dog owners while still requiring victims to provide evidence of the owner's negligence.
When Is a Dog Owner Liable?
Dog owners in Louisiana may be held liable for attacks in several scenarios, such as:
- The dog had a history of aggression: If the owner was aware of previous incidents of biting or aggressive behavior, they may be held liable for failing to take proper precautions.
- Negligence by the owner: Owners have a duty to control their pets. For example, allowing a dog to roam freely without a leash in a public space could constitute negligence.
- Failure to warn: If the dog is known to pose a danger, the owner should warn visitors or passersby to prevent injuries.
However, dog owners may not always be held responsible if the victim provoked the animal or was trespassing on private property at the time of the attack. These exceptions are worth noting, as they can impact your ability to file a successful claim.
Steps to Take After a Dog Attack
If you or a loved one has been injured in a dog attack, the actions you take immediately after the incident can strengthen your case. Here’s what to do:
- Seek Medical Attention Immediately: Your health and safety should be your top priority. Even small bites can lead to infections or other complications, so don’t delay seeking treatment.
- Report the Incident: Contact local animal control or law enforcement to document the attack. This official report can be crucial evidence in your case.
- Record Evidence: Take photographs of your injuries, the location of the attack, and the dog, if possible. Gather information about the dog’s owner and any witnesses who can support your account.
- Document Your Losses: Keep detailed records of your medical expenses, lost wages, and any emotional distress caused by the attack. These records can help calculate the compensation you may be entitled to receive.
- Consult a Trusted Attorney: Dog bite liability can involve complex legal questions, especially when determining negligence or proving the owner’s knowledge of the dog’s aggression. An experienced personal injury attorney can help you build a strong case.
How Compensation Can Help
Victims of dog attacks may be entitled to compensation for a variety of damages, including:
- Medical Expenses: From emergency care to reconstructive surgery, medical costs can add up quickly. Compensation can help cover these expenses.
- Lost Wages: If your injuries prevent you from working, you may be compensated for lost income during your recovery period.
- Pain and Suffering: The physical pain and emotional distress caused by a dog attack can take a significant toll. Compensation can account for this non-economic damage.
- Future Costs: Depending on the severity of your injuries, you may need ongoing medical treatment, therapy, or rehabilitation. These future costs can be factored into your claim.
Choosing Covington Dog Bite Lawyers?
At Talley Anthony Hughes & Knight, we understand how devastating a dog attack can be for you and your family. With years of experience serving the Louisiana community, we take pride in providing compassionate, client-focused legal counsel. Our goal is to ease your burden by fighting for the compensation you deserve while you focus on healing.
Whether you’re navigating medical bills, lost earnings, or emotional trauma, you shouldn’t have to face this challenge alone.
Reach out to us today at (985) 313-8146 for a free consultation to explore your options for moving forward.