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Understand the application of strict liability law to dog bites

On Behalf of | Mar 8, 2018 | Firm News, Premises Liability |

Louisiana residents may be aware that in most cases, to recover compensation from someone who has wronged them, negligence must be proven. This means that it must be proven that there was a duty owed from the negligent person to the injured one, and this duty was breached and that the injury was a result of this cause. However, negligence is not the only doctrine under which compensation is possible-it is possible to hold one accountable through other legal principles, such as strict liability.

When is pursuing an action under strict liability, also known as absolute liability, it means they do not have to prove intent or fault in order to receive compensation. That means it does not matter that the person accused of causing an injury was not acting in bad faith or even took precautions. When someone is injured by another’s actions, it does not matter whether the other person did not intend to injure them. Strict liability law recognizes that, and in Louisiana one can find this type of liability with regards to accountability for animal attacks.

As per the law, the owner of an animal is answerable for the damages that are caused by their animal, either to person or to property. Specifically with regards to dogs, the law enshrines the concept of strict liability. That means that if a dog bites someone without provocation and the owner could have prevented the attack, then the owner of the dog is strictly liable for damages on both person and property.

Dog bites and other animal attacks fall under the ambit of premises liability law, which means the owner/ operator of the premises can be held responsible for the actions of their animals. To understand how to meet this standard and ensure one gets the compensation they deserve to cover the pain that was inflicted on them, it might be beneficial to consult an experienced attorney.