Who is liable if a dog bites me in Louisiana?

1. Liability Standard

Louisiana is a strict-liability state under La. Civ. Code art. 2321. The owner is liable for damages caused by their dog if the owner could have prevented the injury but did not, and the injured person did not provoke the dog.

2. Statutory Elements

Plaintiff must show: (a) defendant owned the dog; (b) the dog caused injury; (c) the injury could have been prevented by the owner's reasonable care; and (d) plaintiff did not provoke the dog.

3. Common-Law "One-Bite" Doctrine

Louisiana civil law does not formally adopt the common-law one-bite rule, but the "could have prevented" element imports a similar foreseeability analysis.

4. Trespasser Defense

Trespass and unlawful presence reduce or eliminate recovery through the foreseeability and comparative-fault analyses.

5. Provocation Defense

Provocation is a complete defense under the statute.

6. Comparative Fault

Louisiana applies pure comparative fault (La. Civ. Code art. 2323). Plaintiff's fault reduces recovery proportionally without any percentage bar.

7. Landlord Liability

A landlord may be liable under La. Civ. Code arts. 2317-2322 (custodial liability) if they had garde of the premises with knowledge of the dangerous condition.

8. Homeowner's Insurance

Louisiana homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Medical bills, lost wages, scarring, disfigurement, future surgeries, and general damages (pain and suffering). Louisiana is generous with general damages.

10. Criminal Liability

Under La. R.S. § 14:102.14, owners of dangerous dogs that cause serious injury or death face misdemeanor or felony charges depending on circumstances.

This is legal information, not legal advice.