Attorney Frank Tomeny, founder of Tomeny | Best Injury Lawyers, along with his team, gives each client the dedicated attention that their case deserves.
As a former insurance defense attorney, Tomeny understands the objectives and strategies that insurance companies employ. He knows how to use this knowledge to pursue the compensation you are entitled to.
The Baton Rouge dog bite lawyers at Tomeny | Best Injury Lawyers are ready to develop a winning strategy that forcefully pursues your goals and needs in a dog bite injury case.
Louisiana and Baton Rouge Laws on Dog Bite Liability
Under Louisiana dog bite laws, an animal owner can be held liable for negligence for failing to exercise reasonable care when the owner knew or should have known that an animal was prone to preventable misbehavior that caused injuries.
When it comes to dogs in particular, however, an owner is considered strictly liable for injuries if the dog attack could have been prevented, as long as the victim never provoked the dog.
Baton Rouge has enacted regulations governing dog ownership. When these regulations are not followed, it can lead to legal liability, especially when the violations lead to a dog bite or other dog attack. The regulations include the following:
- Dogs must be licensed with animal control.
- Dogs must wear a collar or license tag, except that hunting, stock, and show dogs are exempt from wearing collars and tags only when working or shown.
- Dogs must be confined at all times in the owner’s home, within a fenced yard, or on a leash no longer than six feet.
- If a dog bites another person, the owner must report the bite to animal control, the police department, or the sheriff’s office within 24 hours. Law enforcement will impound the dog and monitor it for rabies at a shelter, a veterinarian clinic, or at home for 10 days.
Who Pays Dog Bite Injury Claims?
If you or a loved one are attacked by a dog owned by a neighbor, family member, or friend, you may understandably be reluctant to bring a claim for compensation. You may be concerned that demanding money damages from someone you know will jeopardize the personal relationship.
However, regardless of whether a friend or stranger is the canine’s owner, most dog bite injury claims are paid by the dog owner’s homeowners’ insurance. These policies typically cover dog bite liability. The owner seldom has to dig into their own pocket. In fact, the dog’s owner has paid premiums for insurance to cover events just like this.
Serious Injuries from Dog Attacks in Louisiana
Dog bites and dog attacks can cause severe injuries, especially if the dog is a member of a larger, more powerful breed, or if the dog persists in its attack, or if the victim is a child.
Some of the injuries that can be inflicted by dogs include:
- Soft tissue injuries, including tearing of tendons, ligaments, and muscles
- Crush injuries
- Internal organ damage and internal bleeding
- Rupturing of major blood vessels
- Nerve damage
- Infections – because dogs’ mouths are full of viruses and bacteria, especially when they are not properly vaccinated, they can infect an attack victim when bites penetrate the skin, leading to general infections or diseases like rabies
Why Children Are Often Victims of Dog Bites
Children are more likely to be victims of dog bites than other age demographics. A primary reason is their smaller stature. An aggressive dog may be unwilling to attack a human adult due to the size difference, but the dog may have the size advantage on a small child.
Their smaller stature also allows dogs to reach and bite vital areas, including the face and neck. Children are also less physically able to defend themselves if the dog continues to press an attack, leading to more severe injuries.
Children tend to be more frequent victims of dog attacks because they are more likely to intentionally or unintentionally provoke a dog into an attack. A kid may approach a dog from behind and start petting it, startling the dog, or tease the dog by pulling its tail, its fur, an ear, or a paw.