Dog bites can cause catastrophic injuries, including permanent damage to the skin and underlying tissues. Emotional trauma, scarring, and infections are just a few of the potential consequences of a dog bite. Victims often undergo costly medical treatments and are unable to work while they recover. These losses can quickly add up, and someone else may be responsible for paying them.
The dog owner is usually liable for any damages from a dog bite. However, various factors can complicate liability in dog bite cases.
Dog Owners Are Liable for Most Dog Bites
The dog owner may be liable for a dog bite injury if their negligence caused the attack. Negligence is a failure to use reasonable care in a situation that harms or injures another person.
Dog owners owe a duty of care to others to prevent their dogs from hurting them. If a dog owner fails in this duty and their dog bites someone as a result, they they may be considered negligent and liable for the victim’s injuries.
Some states automatically hold a dog owner liable for injuries their dog causes even if the owner was not negligent. This is known as “strict liability.” Louisiana uses this standard in most cases, except if the victim provoked the dog, such as by hitting it or intentionally scaring it. There is also an exception under Louisiana dog bite laws if the owner couldn’t have prevented the injury. The injury is considered “preventable” if the dog has a reasonable risk of harming someone.
What Is a Dog Owner’s Duty of Care?
A dog owner’s duty of care depends on the dog’s temperament and the setting in which the bite occurred. If a dog owner knows that their dog is aggressive or has a bite history, they should take extra precautions to prevent an attack. This may include using a muzzle when in public, warning others of the dog’s behavior, or avoiding certain situations that may trigger the dog’s aggression, such as dog parks.
Owners still owe others a duty of care if their dogs have friendly dispositions. All dogs have the potential to bite, and owners must take reasonable measures to prevent it from happening. All dog owners should keep their doors and gates closed to prevent their dogs from escaping and keep their dogs on a leash where required in public.
Other Parties Who May Be Liable for a Dog Bite
While dog owners are typically responsible for their dogs’ actions, there may be situations where someone else has dog bite liability.
Temporary Handlers
If someone temporarily has custody of a dog, such as a dog walker or pet sitter, they may be held liable for any injuries the dog causes. This is especially true if they were negligent in handling the dog, such as not following the owner’s instructions or improperly restraining the dog.
In many cases, the term “dog owner” doesn’t just refer to the person who cares for the dog daily but also anyone who has control over the dog. That means the same duties of care apply to temporary handlers as they do to the owner.
Household Members
Roommates, family members, and other household members may also be liable for dog bite injuries. If the dog lives in a household with multiple people, all adult members of the household share responsibility for the dog’s behavior.
The dog may legally belong to one roommate, but the other roommate may still be liable if they were negligent in handling the dog. For example, if a roommate left the door open and allowed their roommate’s dog to escape and bite someone, they are likely responsible for the injury.
Property Owners
Injuries that happen on someone else’s property are considered premises liability. This holds property owners liable for injuries that occur on their property because of a dangerous condition.
The property owner may be liable if the dog was at someone else’s home or business when the bite occurred. This is particularly likely if the property owner consented to have the dog on their property and failed to take reasonable precautions to protect visitors.
When a property owner chooses to have a potentially dangerous animal on their property, they assume responsibility for any harm it may cause. For example, suppose a homeowner throws a party and allows a friend to bring their aggressive dog around other guests. In that case, both the homeowner and the dog owner may be partially responsible for any resulting bites.
The Victim
A victim’s conduct can reduce or eliminate the dog owner’s liability for a bite. Louisiana uses a comparative negligence rule to determine liability for personal injuries, including dog bites.
If a dog bite victim’s actions contributed to their injury, their compensation will be reduced by the percentage of fault attributed to them. For example, if the victim provoked an unleashed dog on public property, both the victim and the dog owner may be jointly liable for the bite. The same is true if the victim is a child and the child’s parent failed to supervise them around someone else’s dog.
Who Pays for Damages After a Dog Bite Injury?
Ideally, the liable party’s insurance company would pay for damages after an animal bite injury. If the liable party has homeowner’s insurance, their policy will likely cover your damages even if the bite occurred off their property. Renter’s insurance will cover your damages if the bite occurred at the dog owner’s apartment or rented home, but coverage is less likely if the bite occurred on a walk or at a park. If a business is liable for your dog bite injury, its general liability insurance or umbrella policy will likely cover your damages.
If the party with dog bite responsibility doesn’t have insurance covering animal attacks, you may need to file a lawsuit against them. This is only an option if the liable party has enough assets or income to pay for your damages. If they don’t, you may have difficulty getting compensation. However, it’s always worth consulting with a personal injury attorney to explore your legal options.
