Louisiana Dog Bite Laws

In Louisiana, mail carriers are among the most vulnerable to dog attacks. There were 14 dog bite incidents in New Orleans alone in 2023, according to data from the U.S. Postal Service. Under Louisiana’s dog bite law, individuals injured by dogs have the right to seek compensation from liable dog owners. 

A dog bite claim costs an average of $40,000 in Louisiana as of 2020. This amount underscores the financial impact of dog bites on top of the associated medical issues like disfigurement, broken bones, nerve damage, and emotional trauma. As such, every Louisianan must be aware of how the state’s dog bite laws can help them recover from their injuries from a dog attack.

If you’re a dog owner or someone who is at risk of dog attacks, this article will help you understand your responsibility and rights under Louisiana’s dog bite law. It will inform you about what you must do to protect yourself and others from the legal and financial consequences of a dog bite incident. 

Dog Owner Responsibilities in Louisiana

Keep Dogs in Enclosures or on Leashes

Anyone who owns or is in possession of a dog must prevent it from running at large on any unenclosed property. If a property belongs to another person, it doesn’t matter if it’s enclosed or not; no dogs may be allowed to trespass on private land.

In Baton Rouge, a dog is considered at large if it is not confined in an enclosed area, such as a dog pen, a dog yard, a car, or its owner’s home. People who take their dogs outside are required to put them on a leash no longer than six feet, or else their pets will also be considered at large.

New Orleans also requires restraints for dogs that are outside of enclosures. But the city has “off-leash” areas or designated dog parks, such as the NOLA City Bark Dog Park. In these places, dogs are exempt from the leash requirement. 

Other Louisiana cities, like Mandeville, also have off-leash areas. You must check the regulation or ordinance that applies specifically to your town to protect yourself from liability. 

Vaccinate Dogs Against Rabies

Louisiana requires that dogs over three months old be vaccinated against rabies. A licensed veterinarian must administer the vaccine, first when the dog is three months old, and then one year after the initial vaccination. Booster vaccines must also be administered, the timing of which depends on the immunity duration of the original dose. 

However, no rabies vaccine must be given to a dog that has bitten someone. Instead, the animal must be isolated for at least 10 days after the bite. If, during confinement, the dog showed signs of rabies, it must be reported to the local health authority and euthanized. 

Secure Dog License Tags

Dog licensing requirements in Louisiana are mostly left to the municipalities and parishes. 

In Baton Rouge, dog owners must register their pets with the Animal Control and Rescue Center. Noncompliance carries a $50 fine. Upon registration, the dog will be issued a license tag, which it must wear at all times. 

 Animal rights groups support mandatory dog registration, as it increases compliance with rabies vaccination laws and helps lost dogs be found by their owners through their license tags. 

Breed-Specific Legislation in Louisiana

Louisiana restricts ownership of dangerous dogs. State law establishes the criteria for considering a dog dangerous. Those who violate the rules on ownership, containment, and handling of these dogs face a fine of up to $300. Exempted from these rules, however, are dogs that law enforcement authorities use to track criminal activity and catch criminals.

In certain municipalities or parishes, specific dog breeds are banned or restricted because they are deemed dangerous or vicious. Pit bulls, wolf dogs, rottweilers, Dobermans, huskies, Alaskan malamutes, and chow chows are some of the most common dog breeds restricted in the state. They must be leashed or muzzled when in public. 

Liability Standards in Louisiana Dog Bite Cases

Louisiana applies a “limited strict liability” rule for dog bites. The state’s main dog bite law makes dog owners strictly liable for any damage or injury caused by their pets, provided that the injured party proves the following:

• The dog owner knew or “in the exercise of reasonable care” should have known that the dog could cause an injury; for example, the dog had a previous history of aggression, and the owner recognized or should have recognized it as a sign that the dog could cause harm.

• The dog owner failed to take reasonable actions to prevent the bite despite having previous knowledge of the dog’s vicious tendencies.

On the other hand, a dog owner may deny culpability for a biting incident by arguing that:

• The victim provoked the dog. Forms of provocation include deliberate actions like teasing or poking the dog. Unintentionally stepping on the dog may also be considered a provocation.

• The injured party disregarded “beware of dog” signs. This defense may reduce a dog owner’s responsibility by establishing that the plaintiff entered an enclosed property despite being warned about the presence of dogs on the premises. 

In certain cases, the provocation defense will not totally clear the dog owner of responsibility if they are found negligent. 

For instance, in Nelson v. Lakey, the defendant’s dog bit the plaintiff after being provoked unintentionally during an obedience class. The court ruled that although the defendant was not strictly liable for the plaintiff’s injury due to the provocation, they were liable for negligence because they failed to do what was necessary to restrain their dog in the presence of other people and dogs. 

Statute of Limitations in Louisiana for Dog Bite Cases

If you or a loved one is injured in a dog attack, Louisiana state law gives you one year from the date of the incident to file a claim. Failure to initiate an action within the one-year statute of limitations will result in your claim being dismissed by the court. 

The filing deadline, however, could be different if the victim is a minor, which is the case in many dog bite incidents. You may discuss your case with a personal injury lawyer to make sure you file your case on time.

Civil Penalties for Dog Bites in Louisiana

Dog bite cases are governed by Louisiana’s personal injury laws. A dog owner’s responsibility includes compensating those who are injured as a result of their dog’s aggressive behavior.

If you’re the victim, you have the option to file an insurance claim or pursue compensation from the dog owner for the cost of your treatment and other losses related to your injury. 

Unless the defendant is the state — which is unlikely to happen in a dog bite case — there is no limit to the amount you may recover as long as you can prove the damages you’ve incurred. Some of these may include the following compensatory damages:

• Medical care expenses, both current and future. 

• Reduced earning capacity and lost wages.

• Physical pain and suffering. 

• Loss of companionship or intimacy. 

The court may also award punitive damages if it finds the dog owner’s behavior reckless or deliberate. For example, if they frequently violate the leash requirement, they may be asked to give the plaintiff additional compensation as a penalty.

The plaintiff, however, will have their compensation reduced if they are partially responsible for their injuries. If the court, for instance, finds the plaintiff to be 30% at fault, they will receive only 70% of the awarded damages, in accordance with the comparative negligence rule.

Criminal Penalties for Dog Bites in Louisiana

A dog bite case can lead to a criminal complaint. In rare cases, if there is evidence that the owner handled their dog recklessly or in a criminally negligent manner, they may be charged with negligent homicide if the dog kills someone. The owner, if convicted, may be sentenced to up to five years in prison, fined up to $5,000, or both. 

Reporting and Handling Dog Bite Incidents

Immediately seek medical attention if you’re bitten by a dog. This will help prevent the wound from developing an infection. A severe dog bite may require surgery to fix torn muscles, ligaments, or tissues, or plastic surgery to prevent scarring.

If your situation doesn’t require calling an ambulance, contact the police to report the incident. A police officer should examine your injuries and preserve evidence that could help your case against the dog owner.

It’s also critical to report the attack to Animal Control, which may send someone to the location to gather details about what happened, talk to the owner, or capture the animal. The Louisiana Department of Health has established a protocol for handling dogs that have bitten a person, and affected parties may contact the following office:

Infectious Disease Epidemiology Section
Office of Public Health
Louisiana Department of Health 
800-256-2748 (24 hour no.)

How to Find a Dog Bite Attorney in Louisiana

After receiving medical care for your injuries, you can find a dog bite attorney in your city to help you calculate and recover your damages. Your attorney can represent you in settlement negotiations with the dog owner’s insurance company. 

If the parties can’t agree on the settlement amount, you can sue the dog owner directly. Your lawyer can go to court to fight for the amount they believe you should get.

Other Resources for Dog Bite Victims in Louisiana

Southeast Louisiana Legal Services

For 50 years, Southeast Louisiana Legal Services has been helping low-income individuals access legal services. The organization focuses on civil cases, assisting 22 parishes throughout southeast Louisiana. Its goals include making medical care more accessible to vulnerable community members. SLLS has offices in New Orleans, Baton Rouge, Hammond, Gretna, Covington, and Houma. 

Louisiana State Bar Association

For Louisianans in need of legal representation in dog bite cases, the Louisiana State Bar Association has Lawyer Referral and Information on its website. It provides a link to the Lafayette Bar Association & Foundation, which can connect claimants to its member attorneys, including those who are offering their services at no cost. Individuals applying for pro bono legal services may contact the Acadiana Legal Services Corporation at (337) 237-4320.

Animal Legal and Historical Center

The Animal Legal and Historical Center, a website that provides information about animal law, is supported by the Michigan State University College of Law. It contains a vast collection of materials about animal issues in states across the U.S., including Louisiana. Laws about caring for dogs, ownership of dangerous dogs, liability of owners for dog bites, and other issues concerning animals are found on the website.