When Is a Dog Owner Liable for a Bite Injury?
At the Law Office of Bruce C. Betzer, we help individuals throughout Louisiana seek justice after suffering harm due to someone else’s actions—or inactions. One of the more upsetting types of personal injury cases we handle involves dog bites.
These cases can be painful both physically and emotionally, and they often leave victims with long-lasting effects. Louisiana law gives us clear direction on when a dog owner can be held responsible for a bite, and we use that guidance to fight for those who’ve been hurt.
Dog bites are different from other types of personal injury claims in some important ways. There’s a human connection between dogs and their owners, which can make these cases more emotional.
But the law doesn’t let sentiment override responsibility. When someone’s dog bites without provocation, the owner can and should be held accountable under Louisiana’s civil code.
Liability Under Louisiana Law
Louisiana Civil Code Article 2321 makes a dog owner responsible for damage caused by their animal if the owner knew or should have known that the dog’s behavior could lead to harm.
The law requires that the harm be preventable and that the owner failed to take reasonable care to prevent it. That legal standard is what forms the foundation of a personal injury claim involving a dog bite.
The person who was bitten doesn’t need to prove that the dog had bitten someone before.
That’s different from the “one bite rule” that some other states follow. In Louisiana, we don’t give the dog or its owner a free pass on the first bite. If there’s any reason the owner should have expected the dog to be dangerous, they can be held liable.
We focus on proving that the owner failed to control the dog, failed to restrain it, or knew that it had aggressive tendencies. Sometimes that proof comes from past behavior, but often it comes from the circumstances surrounding the bite.
Louisiana law puts a responsibility on the owner to prevent foreseeable harm, and when that duty is ignored, it becomes a personal injury matter.
What Makes a Dog “Dangerous”?
In personal injury claims involving dog bites, we often hear the question: “But wasn’t the dog friendly?” The truth is, even the most loyal pets can bite when they feel provoked, cornered, or protective. A dog doesn’t need to be labeled as dangerous by animal control to make its owner liable.
A dog that barks aggressively, chases people, or has to be restrained frequently could be considered dangerous under the law. If the owner is aware of this behavior, they’re expected to take reasonable precautions.
That means fencing, leashes, or keeping the dog away from unfamiliar people—especially children. When these precautions are skipped or ignored, and someone gets hurt, it becomes a matter of personal injury law.
We gather statements, medical records, and any evidence of prior incidents to build a picture of what the owner knew—or should have known. That includes talking to neighbors, reviewing security footage, and finding animal control records.
Our goal is to show that the bite didn’t come out of nowhere and that the owner failed to act with the care that Louisiana law requires.
Where and How a Bite Happens Matters
Dog bites don’t only happen in parks or on sidewalks. Many personal injury claims stem from bites that happen inside someone’s home, in a yard, or even at a business. The location of the incident can shape how we approach the case.
If the injured person was invited onto the property, Louisiana law favors their right to safety. The owner has a duty to protect guests from foreseeable harm. If the dog is known to be aggressive and it’s not kept separate from visitors, that opens the door for a personal injury claim.
If the bite happens in a public space where the dog was off-leash, the owner may be in violation of local ordinances as well as state law.
Children are often the victims in these cases, and the courts in Louisiana give particular weight to their safety. A dog that’s allowed to run loose in a neighborhood, even if it hasn’t bitten anyone before, still presents a risk.
When the dog’s freedom results in a child being bitten, we press forward aggressively on behalf of the family to seek compensation and accountability.
Defenses That Dog Owners Often Use
One of the things we prepare for in every dog bite case is the defenses the owner may raise. In Louisiana, owners will sometimes argue that the victim provoked the dog or was trespassing. These defenses are meant to reduce or eliminate liability.
We investigate the facts carefully to determine whether those defenses apply. Most of the time, the person who was bitten was doing nothing more than walking down the street, visiting a friend, or reaching to pet what appeared to be a calm dog. In those cases, provocation is not a valid defense.
Trespassing is another claim that often falls apart under scrutiny. If a child wanders into a neighbor’s unfenced yard or if a delivery worker approaches the front door, they’re not trespassers under Louisiana law. They are owed a duty of care, and we fight to uphold that standard in every personal injury case we take.
Medical Treatment and Long-Term Impact
Dog bites are not just surface wounds. They often involve deep tissue damage, infections, and nerve injuries. In some cases, they require surgery, physical therapy, and ongoing care.
Scars from bites can be both physical and emotional, especially for children. Some victims develop long-term anxiety around animals or need counseling to overcome the trauma.
When we take on a dog bite personal injury case, we look beyond the emergency room visit. We gather evidence of all medical treatment, lost wages, psychological harm, and any permanent injuries. Compensation in Louisiana can cover these damages, and we fight for amounts that reflect the full scope of the harm suffered.
Insurance companies may try to offer a quick settlement, but that rarely reflects what’s truly needed. We advise our clients to avoid signing anything until we’ve had a chance to review the details.
Once a claim is settled, there’s often no second chance. We make sure our clients understand what their personal injury case is worth and what recovery looks like under Louisiana law.
Time Limits for Filing a Claim
In Louisiana, personal injury claims—including dog bites—are subject to a one-year prescriptive period. That means a lawsuit must be filed within one year of the date of the injury, or the right to recover may be lost. This time limit is strict, and courts are unlikely to make exceptions.
That’s why we encourage clients to contact us as soon as possible after a bite injury. The sooner we begin gathering records, talking to witnesses, and examining the facts, the stronger the case becomes. Evidence fades and memories shift, but swift action helps preserve the truth and move toward recovery.
Even if someone is unsure about whether they have a case, it’s worth having the conversation. We evaluate every personal injury matter with care, and we never charge for an initial consultation. If we believe the case has legal standing, we explain what steps come next and what kind of outcome might be possible.
Holding Dog Owners Accountable
At the Law Office of Bruce C. Betzer, your recovery is our priority, and your case deserves to be heard. We’re proud to serve Metairie, Louisiana, and the surrounding areas of Chalmette, New Orleans, Jefferson Parish, and St. Tammany Parish. Call today.