New Orleans Dog Bite Lawyer
Understanding Liability in Louisiana Dog Bite Cases
Dogs, like people, have unique personalities shaped by their life experiences. Factors such as past abuse, illness, fear, or excitement can contribute to a dog’s propensity to bite. Regardless of the reason for a dog’s behavior, Louisiana law generally holds the owner responsible for any damage or injury their dog causes.
Two legal doctrines are typically used to determine a dog owner’s liability in bite cases: the “One Bite Rule” and strict liability.
The "One Bite Rule"
The “One Bite Rule” focuses on whether the owner knew or should have known about their dog’s tendency to bite. Contrary to the misconception that an owner is never liable for a dog’s first bite, a prior incident serves as notice that further precautions are necessary. Other circumstantial evidence can also prove the owner’s awareness of the dog’s behavior, such as:
- Previous complaints about the dog.
- Exhibitions of growling, barking, or jumping.
For example, if an owner knows their dog excitedly jumps on visitors and fails to warn them or restrain the dog, they may be liable for injuries, even if the incident was accidental. This rule allows for significant judicial discretion in determining liability.
Strict Liability in Louisiana
Strict liability holds a person accountable for damages or injuries even without personal fault. Louisiana adheres to the doctrine of strict liability for dog bite cases, as outlined in Louisiana Civil Code Article 2321.
Louisiana Civil Code Article 2321 states: “The owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person’s provocation of the dog.”
Under strict liability, the owner’s knowledge of the dog’s history is irrelevant. Even if a dog with no prior history of aggression accidentally injures a guest, the owner is liable.
Proving Strict Liability
Louisiana jurisprudence establishes a three-pronged test to determine strict liability under Article 2321. To succeed in a dog bite case, the plaintiff must prove:
- The dog caused the damage.
- The defendant could have prevented the damage, showing the dog posed an unreasonable risk of harm.
- The dog was not provoked by the plaintiff.
In the case of Pepper v. Triplet, a plaintiff was denied damages after entering a defendant’s secured yard without permission and being bitten. The court found that the dog did not pose an unreasonable risk of harm because the yard was fenced and locked, and the plaintiff’s actions were unreasonable.
Protecting Yourself from Dog Bite Incidents
Both dog owners and the general public should exercise caution to prevent injuries.
For the Public:
- Always ask permission before petting a stranger’s dog.
- Teach children to respect a dog’s space and recognize warning signs of aggression.
- Never allow children to jump on, pull, or ride dogs.
- Look for a yellow ribbon on a dog’s leash, indicating the owner wants you to keep your distance.
- Avoid sudden movements or loud noises around unfamiliar dogs, and never enter a yard with a strange dog.
- Never feed or accept items from a dog you don’t know.
For Dog Owners:
- Always restrain your dog with a secure leash and collar when in public.
- Avoid placing your dog in stressful situations, such as crowded areas, if they are uncomfortable.
- Allow sick or recovering dogs time to recuperate away from stressors.
- Use a yellow ribbon on your dog’s leash in public to signal the need for space.
- Ensure your yard is secure and regularly check for escape routes.
With dogs being a significant part of society, education on the risks associated with interactions is crucial. Exercising reasonable care can prevent many incidents and the potential for litigation.