A dog bite can happen in seconds, but the consequences can last a lifetime — deep puncture wounds, nerve damage, infection, scarring, and, especially for children, lasting emotional trauma. If you or your child was bitten in the Monroe or Ruston area, one of the first questions you probably have is simple: is the owner responsible for what their dog did?
In Louisiana, the answer is often yes — and the law here is more favorable to bite victims than in many other states. Here is what you need to know.
Louisiana law holds dog owners to a strict standard. Under Louisiana Civil Code Article 2321, the owner of a dog is strictly liable for injuries caused by that dog. Strict liability is a powerful phrase. It means that, unlike with most other animals, you generally do not have to prove the owner was careless or that the dog had ever bitten anyone before. The focus is on whether the owner could have prevented the attack — not on whether they had prior warning that their dog was dangerous.
You do not need a one free bite. Many people believe a dog gets one free bite — that an owner is only responsible if the dog had bitten someone before. That is the rule in some states, but it is not how Louisiana treats dogs. Because Article 2321 applies strict liability to dogs specifically, a first-time bite can still make the owner responsible. The absence of a prior bite is not a defense the way it might be elsewhere.
What a bite victim generally must show. Strict liability does not mean automatic liability. To recover under Article 2321, an injured person generally needs to establish that the dog caused the injury, that the owner could have prevented the injury through reasonable care, and that the victim did not provoke the dog. In plain terms: if a dog that the owner could have restrained or contained attacks someone who did nothing to provoke it, the owner is typically on the hook for the harm.
Provocation is the owner's most common defense. Because provocation can defeat a claim, insurance companies and defense lawyers often argue that the victim somehow started it — that they teased the dog, cornered it, or ignored a warning. This is a frequent battleground in Louisiana dog bite cases, and it is one reason careful investigation matters. Reasonable, ordinary behavior around a dog is not provocation. Do not let anyone convince you that you brought a serious injury on yourself simply because you were near the animal.
Comparative fault can still apply. Louisiana uses a pure comparative fault system, so even if a victim is found partly responsible, they can usually still recover, with their compensation reduced by their percentage of fault. That means that even in a disputed case, being assigned some share of the blame does not necessarily end your claim.
Who actually pays. In many dog bite cases, compensation comes not out of the owner's pocket but through a homeowner's or renter's insurance policy, which frequently covers dog bite liability. This is important for two reasons. First, it means there may be a real source of recovery even if the owner has modest means. Second, it means you will likely be dealing with an insurance company — and insurers approach these claims the same way they approach any other, looking for reasons to pay less.
Dog bites can cause more damage than they first appear. A bite that looks minor on the surface can carry serious risks underneath: puncture wounds can drive bacteria deep into tissue, leading to dangerous infections; nerve and tendon damage can affect the use of a hand or limb; and facial bites, which are especially common in children, can require plastic surgery and leave permanent scars. The emotional impact — fear of dogs, nightmares, anxiety — is real and compensable, particularly for young children.
The steps you take early can make a real difference:
Get medical care immediately. Even a small bite can become infected. Prompt treatment protects your health and documents the injury.
Identify the dog and its owner. Get the owner's name, address, and contact information, and find out whether the dog is up to date on its vaccinations.
Report the bite. Notify local animal control or law enforcement. An official report creates a record and helps protect others in the community.
Photograph everything. Take pictures of your injuries (over time, as they heal and scar), the location, and the dog if you can do so safely.
Gather witnesses. Names and phone numbers of anyone who saw the attack can be important later.
Be cautious with the insurance company. As with any injury claim, the owner's insurer may reach out quickly. Be careful about giving recorded statements or accepting a fast settlement before you know the full extent of your injuries.
Time limits apply. In Louisiana, the deadline to bring most personal injury claims is now two years for injuries occurring on or after July 1, 2024 (a one-year deadline applies to older injuries). These deadlines are strict. For a child, special rules can affect timing, which is one more reason to speak with an attorney sooner rather than later.
How Bruscato Law can help
Dog bite cases can be emotionally difficult, especially when a child is involved or the dog belongs to a friend, neighbor, or family member. At Bruscato Law, we handle these cases with care and discretion. We investigate what happened, deal with the insurance company on your behalf, and pursue fair compensation for medical bills, scarring, and the pain and fear a bite leaves behind.
If you or your child was bitten by a dog in the Monroe or Ruston area, contact Bruscato Law for a free, no-obligation consultation. Call us at (318) 855-1613. There is no fee unless we win your case.
This blog post is for informational purposes only and does not constitute legal advice. Every case is different, and reading this article does not create an attorney-client relationship. For advice about your specific situation, please consult a licensed Louisiana attorney.