Louisiana Civil Code holds owners of dogs legally responsible for harm done to a third party. However, a dog owner is not liable for a bite under all circumstances – Section 2321 of the Civil Code goes further in stating that for a dog owner to be held responsible for damage if he or she had to have known that the dog could cause damage. However, the owner of a dog is not responsible for a bite by the dog if, for instance, you had provoked an attack. As much as these actions did not instigate an attack from the dog, the owner may argue that you did to lower the amount of accountability he or she has. You and your attorney hired from Gertler Law Firm will help fight these allegations and to ensure that you get the best trial ever.
In the case, to allow the plaintiff to recover the damages lost, you and your attorney need to advance the following four legal principles.
1) You will have to establish that owner owed you a duty to protect other people and his or her animal.
2) After that, you will have to present facts showing that the owner was negligent in caring for the pet in some manner, for instance, did not supervise a vicious dog or failed to secure the dog.
3) Then after that, you will be required to demonstrate that you sustained losses following the dog owner’s failure to exercise due care.
4) The last prerequisite which you will have to show is that you are capable of recovering damages from the injuries inflicted by the bite from the dog.
How Much Do People Actually Get Paid in a Dog Bite Case?
Despite the many factors that come into play when calculating compensation for victims of dog bites, the amount of compensation paid differs from one case to the other. Therefore, it is also hard for an attorney to put a figure on the amount or even an average amount for these kinds of cases. According to the case and depending on the circumstances of the attack you might end up with an award below $1,000, or a significantly higher award in tens of thousands and beyond. Doubling the average dog bite settlement is still not easy, however, the next factors will add to your overall award. Generally, the greater intensity of the attack the greater the compensation that the victim will receive will also be larger amount.
The more severe the attack, the higher the award amount will likely be. This is so, because your damages are most likely higher – more in medical expenses, longer times away from work, and greater amount of pain and suffering
- You could also see a higher amount if the owner acted in extreme negligence or recklessness. This is so because in an action for wrongful dismissal, the court may award punitive damages against the offending party apart from the losses claimed.
- The emotional damages could be higher, if the dog attack affected your daily life, for instance, the development of post-traumatic stress disorder.
Dog Bite Claims Are Insurance Claims
- Even if the pet owner is a family member or friend, you should not have to absorb the medical bills or forgo other personal injury damages. Dog attack is covered by homeowners’ insurance, not from that person’s pocket. If you as a parent or your child was bitten by a strange dog we will sue for the personal wealth of the person if he or she does not have clearly insurance.
- If you would like more information about your New Orleans dog bite injury case and how our law firm can help, fill out the form on this page or call us immediately!
