Each day, thousands of people seek emergency treatment for dog bites. Nearly 13,000 Americans receive a dog bite requiring medical attention annually.
People who recently obtained a dog bite injury may be wondering about their rights. Luckily, Louisiana law protects victims of animal attacks. A dog bite lawyer can help victims win compensation for their losses.
However, dog bite laws in Louisiana are tougher than in other states. Learn more about the main elements of this law in the Bayou State.
What Happens If a Dog Bites Someone in Louisiana?
If a dog bites in Louisiana, the owner may be liable for any injuries caused. But first, it has to be determined that the owner was negligent.
In Louisiana, there are five elements of negligence:
- Duty
- Breach of Duty
- Cause in Fact
- Proximate Cause
- Damages
Here’s what each of these terms means in a dog bite case.
Duty
Duty refers to the dog owner’s duty to ensure their animal does not bite anyone. That may mean confining the dog, leashing the dog, or putting the dog in a muzzle.
Breach of Duty
Breach of duty occurs when the dog owner fails to reasonably ensure their animal does not bite anyone.
This is often the most important element to prove. The dog owner must have known their animal was dangerous before the attack. Additionally, breach of duty requires that the owner did not do anything to prevent their animal from attacking.
Cause in Fact
Cause in Fact means that if the dog owner had practiced more care, the animal would not have bitten someone.
A dog bite victim can’t have played a role in the animal attack. For example, provoking an animal before the attack may violate this element.
Proximate Cause
Proximate Cause happens when the dog owner’s failure to practice care results in someone’s injury.
But what if the court finds the victim responsible, too? In this case, comparative negligence would apply.
Comparative negligence considers the percentage of fault shared by the victim and the dog owner. A court will reduce the victim’s compensation for every percentage of fault they are responsible for.
Damages
Damages mean that the victim’s injury incurred losses. Losses may include medical expenses, lost wages, and pain and suffering.
What Is the Statute of Limitations for a Dog Bite Injury in Louisiana?
The statute of limitations for dog bites in Louisiana is one year from the date of the attack. Failing to file within this timeline means the victim can never file a claim and receive compensation.
Contact a Dog Bite Lawyer in New Orleans
The state of Louisiana takes dog bites very seriously. If you or someone you know obtains an injury due to an animal attack, you may be entitled to compensation. An experienced dog bite attorney can help.
Are you seeking representation for a dog bite injury in New Orleans, Louisiana? The experienced trial lawyers at Wright Gray are here to help. Schedule a free consultation today to find out how much you could win for your injuries.