Dog bites happen every day in Louisiana. Thousands of people across the state suffer injuries from dog attacks each year. Many don’t realize they have legal options to recover compensation.
The good news: Louisiana law strongly protects dog bite victims. You don’t have to prove the dog had bitten anyone before. Louisiana uses strict liability. This means the dog owner is responsible, period.
We’re Arnona Rose, a personal injury law firm serving Metairie and the Greater New Orleans area. We’ve helped many dog bite victims recover the compensation they deserved. This guide walks you through your rights, what your claim might be worth, and how to move forward.
Understanding Louisiana’s Strict Liability Law
How Strict Liability Works in Louisiana
Louisiana’s dog bite law is among the most victim-friendly in America. Louisiana Civil Code Article 2321 makes dog owners strictly liable for injuries their dogs cause.
What does “strictly liable” mean? It means:
- The owner pays for injuries their dog causes.
- It doesn’t matter if the dog has never bitten anyone before.
- The owner doesn’t need to have known the dog was dangerous.
- The owner’s responsibility doesn’t depend on negligence or prior bites.
This is very different from the “one bite rule” in other states. In those states, owners are only liable if they knew their dog was aggressive. Louisiana doesn’t use that rule.
Why This Matters for Your Claim
Strict liability makes your claim stronger from day one.
You don’t need to spend months proving the owner was careless. You don’t need to prove the owner should have known about the dog’s dangerous nature. You don’t need witnesses to testify about the dog’s temperament.
The burden is on the owner. They must control their animal. If it bites you, they’re liable. It’s that straightforward.
This standard applies everywhere in Louisiana:
- Orleans Parish
- Jefferson Parish
- St. Tammany Parish
- Any other parish in the state
The location doesn’t matter either. You might have been bitten in a backyard, at a park, on the street, or at a business. The owner’s liability remains the same no matter where it happened.
How Homeowner’s Insurance Works
Who Actually Pays Your Claim
When a dog bite occurs, the injured person’s claim typically goes against homeowner’s insurance. It doesn’t go against the owner personally.
Most homeowner’s insurance policies include liability coverage for pet injuries on the property. This coverage usually covers dog bites and attacks. Coverage typically applies up to the policy limits.
This is good news for everyone involved:
- The insurance company handles the claim, not the homeowner.
- The homeowner isn’t facing personal financial loss.
- The process becomes more straightforward.
- An insurance adjuster investigates and manages the claim.
Insurance Company Tactics
Understanding the insurance angle is crucial for your claim. When you file, identify the homeowner’s insurance carrier early. You’ll provide notice of the claim to the insurance company. They’ll either accept liability or dispute it.
Insurance companies are skilled at minimizing payouts. They know many injured people don’t understand Louisiana law. Having an experienced personal injury lawyer in Metairie makes a real difference.
Insurance Coverage Limits
Insurance coverage has limits. A typical homeowner’s policy might cover $100,000 to $300,000 in liability. If your injuries are severe, you might need to explore additional coverage options. You might also pursue a direct claim against the homeowner’s personal assets, though this is less common.
Understanding your insurance situation early helps you set realistic expectations and develop the right strategy.
Types of Damages You Can Recover
Economic Damages: Your Out-of-Pocket Losses
Louisiana law allows you to recover financial losses directly caused by the bite.
Economic damages include:
- All medical expenses from emergency room visits to stitches
- Reconstructive surgery and other procedures
- Physical therapy and rehabilitation
- Ongoing medical care and treatment
- Hospitalization costs
- Lost wages during your recovery
- Lost earning capacity if injuries are permanent
- Out-of-pocket expenses like transportation to appointments
- Prescription medications and medical supplies
Keep track of every expense related to your injury. Your lawyer will help you document these costs for your claim.
Non-Economic Damages: Pain, Suffering, and More
Non-economic damages are harder to put a dollar amount on, but they’re equally important.
Non-economic damages include:
- Pain and suffering from the physical injury
- Emotional distress and psychological trauma
- Scarring and disfigurement
- Anxiety and fear of dogs
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Permanent disability or impairment
Louisiana law recognizes that visible scars cause real psychological harm. A bite on the face or hand is typically valued higher than a leg bite. This is because of visibility and functional impact. Dog bites on someone else’s property may also involve premises liability.
The total value depends on injury severity, scarring, your age, occupation, and how the injury affects your daily life.
Louisiana’s One-Year Deadline: Act Quickly
The Prescriptive Period
In Louisiana, you have one year from the date of the dog bite to file a claim or lawsuit. This deadline is called the “prescriptive period.” It’s a hard deadline with no exceptions.
Miss it and you lose your right to recover anything. No matter how strong your case is. That’s why acting quickly after a personal injury is essential.
Why One Year Goes Faster Than You Think
One year sounds like plenty of time. It isn’t. You need time to:
- Gather medical records from all providers
- Get estimates for future treatment
- Identify the dog owner and their insurer
- Negotiate with the insurance company
- Prepare for litigation if negotiations fail
These steps take weeks or months. Evidence also degrades over time. Photos taken right after the bite are far more compelling than descriptions months later. Witnesses forget details. The dog owner might move.
You don’t need to fully heal before filing. You can include estimates for future care in your damages claim. This protects your rights while you continue to recover.
How Comparative Fault Affects Your Claim
Louisiana’s Pure Comparative Fault Rule
Louisiana uses what’s called “pure comparative fault.” This means even if you’re partially at fault, you can still recover damages.
Here’s how it works: Your recovery is reduced by your percentage of fault.
Example: You visit a neighbor’s backyard. Their dog bites you. The owner was clearly negligent in controlling the dog. But you knew the dog could be aggressive and approached it anyway.
A jury might find you 20 percent at fault and the owner 80 percent at fault. Your damages total $50,000. You would recover $40,000 (80 percent of $50,000).
Why This Is Good for You
This rule is actually favorable to injured people. Some states prevent recovery entirely if the victim is more than 50 percent at fault. Louisiana’s system means you’re never barred from recovery, no matter your percentage of fault.
Insurance Companies Will Try to Shift Blame
However, insurance companies know this rule too. They will try to shift blame to you to reduce what they pay.
They might claim you:
- Provoked the dog
- Trespassed on the property
- Were careless in interacting with the animal
- Ignored warning signs about the dog
Having legal representation protects you in these negotiations. An experienced dog bite lawyer will counter these arguments with evidence. They’ll make sure your percentage of fault is accurate and fair. They know how juries and adjusters in the Greater New Orleans area think about these situations.
The Dog Bite Claims Process: Step-by-Step
Step One: Report the Bite and Gather Information
Start by documenting everything.
If the bite happened in a public place or was serious, police or animal control might already be involved. That’s helpful because it creates an official report.
If the bite occurred on private property, get the dog owner’s information:
- Full name
- Address
- Phone number
- Homeowner’s insurance company name
Also collect information from any witnesses who saw what happened. Get their names, phone numbers, and a brief statement of what they saw.
Step Two: Seek Medical Attention and Document
Get medical treatment right away, even for bites that seem minor. Animal bites carry serious infection risks.
Keep detailed records of all treatment. Take photographs of your injuries at different stages of healing. These medical records and photos are critical evidence for your claim.
Step Three: Contact the Insurance Company
Once you’ve gathered information, contact the dog owner’s homeowner’s insurance company. Report the claim in writing. The insurance company will appoint a claims adjuster to investigate.
The adjuster might:
- Request a statement from you
- Ask about your medical history
- Contact your healthcare providers
- Request authorization to review your medical records
Don’t give statements or sign anything without consulting an attorney first.
Step Four: Negotiate or Litigate
Two paths typically emerge from here.
Path One: Early Settlement. Some claims settle quickly when liability is clear and the injury is straightforward. The insurance company accepts responsibility and offers fair compensation.
Path Two: Contested Claims. Other claims require negotiation. The insurance company might deny liability, dispute your injury assessment, or offer less than your claim is worth.
If the insurance company won’t offer fair compensation, your attorney will gather expert opinions. They’ll prepare a strong demand letter backed by evidence and legal arguments. Many cases settle during litigation when both sides see the strength of the evidence.
Being prepared to go to trial is important. Having an attorney experienced in Louisiana personal injury law is invaluable.
Why You Need an Experienced Dog Bite Lawyer
How a Lawyer Helps
Insurance adjusters are trained to minimize payouts. They know many injured people don’t understand Louisiana law. They use pressure tactics, quick lowball offers, and disputed liability to pay less.
A dog bite lawyer understands Article 2321 inside and out. They know the typical damage awards in your parish. They won’t be intimidated by settlement pressure.
Your attorney also handles the administrative burden so you can focus on healing:
- Gathering all medical records
- Communicating with the insurance company
- Tracking important deadlines
- Managing all paperwork
Contingency Fees: No Risk to You
Lawyers at Arnona Rose work on a contingency fee basis. You don’t pay anything upfront. You only pay a percentage of what you recover. If you don’t win, you don’t pay.
Having a lawyer also sends a signal to the insurance company. They know you’re serious. They’re more likely to negotiate in good faith.
About Arnona Rose
We’re a small law firm serving the Greater New Orleans area. Our practice covers Orleans Parish, Jefferson Parish, St. Tammany Parish, and beyond. We understand Louisiana law. We know the insurance companies we negotiate with. We’re committed to getting you the compensation you deserve.
Our approach is simple: you’re not a case number. You’ll work directly with Vincent Arnona or Donald Rose. We genuinely care about your recovery and your future.
We also handle car accidents, medical malpractice, and other serious injuries across the region.
If you’ve been bitten by a dog, reach out for a free consultation. We’ll review your case and explain your options. There’s no obligation and no cost to talk with us.
Frequently Asked Questions About Dog Bites in Louisiana
What if the dog owner claims their dog was always friendly?
The dog’s past behavior is irrelevant in Louisiana. Under strict liability, prior friendliness provides zero legal defense. The owner is liable regardless of the dog’s reputation. This protects victims from investigating the dog’s history before filing. Many people worry a “friendly dog” defense weakens their case. It doesn’t. Louisiana law focuses on the bite and your injuries, not the dog’s personality. Your claim is strong from the start.
Can I start a claim before I’m fully healed?
Yes. You do not need to wait until complete recovery. File your claim while you’re still in treatment. Include medical estimates for ongoing care in your damages. Waiting creates problems: evidence fades, witnesses forget details, and the one-year deadline gets closer. Early filing keeps everything documented while it’s fresh. Your attorney can adjust the claim as treatment progresses and new costs emerge.
What if the homeowner doesn’t have insurance or coverage is too low?
You may pursue a direct claim against the homeowner’s personal assets. Your attorney also investigates umbrella policies and other available coverage. Some property owners carry rental agreements requiring pet liability insurance. Even without adequate insurance, you still have a valid claim. Collection becomes more challenging but remains possible through judgment liens and other legal tools. An experienced attorney identifies all coverage sources early in the process.
How do insurance companies try to prove I was partially at fault?
Insurance adjusters claim you provoked the dog, trespassed, ignored warning signs, or voluntarily approached the animal. They use these arguments to reduce your payout under comparative fault. An experienced attorney counters with medical records, witness testimony, and scene evidence. Gather photos and documentation right after the bite. Your lawyer understands how local juries and adjusters think about these situations. Legal representation levels the playing field.
Are dog bite scars on less visible areas worth less compensation?
Generally, yes, but visibility is only one factor. Louisiana law recognizes that all scarring causes psychological harm. Hidden scars still have value if they cause functional problems or ongoing pain. Infection complications also increase damages. Your age, occupation, and daily limitations all matter. An attorney calculates damages holistically. Cosmetic impact combines with physical limitations, nerve damage, and emotional consequences to determine the full value.
What happens if my case settles versus going to trial?
Most dog bite cases settle when liability is clear. Settlement resolves your case faster. Trial takes longer but sometimes recovers more. Your attorney advises which strategy fits your situation. The contingency fee structure applies either way. You pay nothing unless you win. If the insurance company refuses a fair offer, your attorney prepares for trial. Being ready to go to court often pushes better settlement offers.
What if the dog owner becomes hostile or refuses to share information?
Never engage in confrontation. Document everything calmly from a safe distance. If the owner refuses information, contact animal control immediately. They have authority to investigate and obtain owner details. Leave the location and seek medical care. Report to police if the bite was severe. Provide your contact details to witnesses. Your attorney later sends formal information requests through legal channels. Hostility from the owner actually strengthens your case.
About the Author
Toni Arnona is the managing partner at Arnona Rose Attorneys at Law in Metairie, Louisiana. She works closely with clients and their families through every stage of the legal process. With deep roots in the Greater New Orleans community, Toni is committed to providing personal, compassionate legal representation. At Arnona Rose, every client is treated like family.