In Louisiana, if a dog poses an unreasonable risk of harm, then the owner will be presumed to be at fault and will be held liable for an injury caused by the dog. The analysis of whether a dog poses an unreasonable risk of harm takes into consideration such factors as any history of aggressive behavior or previous attacks and whether the dog is adequately contained on the owner’s premises. If the dog owner shows that a third party caused the injury, that the injured party provoked the dog, or that the injury was the result of a fortuitous event, it is possible that the owner will not be held liable for the injuries.
If you are injured due to the negligence, recklessness or intentional conduct of another person, product or company a claim for personal injury may be filed so that you may be compensated for the physical, and or emotional injuries that you received. Each type of injury creates a unique problem and requires different types of evidence to prove. For dog bite cases the law varies from state to state. In many states a dog owner is strictly liable for the actions of his or her pet. Numerous states have dog bite statutes that hold dog owners liable for the injuries caused by their dogs. This means that as long as you didn't talk or provoke the dog, all you have to prove is that the dog bit you. In other States, the dog owner is liable for your injuries only if the owner knew or should have should have known that the dog was likely to cause harm. Under these circumstances establishing a dog's past behavior is important. Once negligence is established, personal injury laws give injured victims the right to be compensated. To determine the types of damages that can be awarded to the plaintiffs, courts look at the serious of the harm, the extent of the defendant's wrongful conduct, and the circumstances surrounding the wrongful conduct. If you have questions about your particular case, talk to a qualified attorney in your area.
Normally, such damages are covered under your homeowner's insurance policy, under personal liability coverage. However, if you are aware that your pet is dangerous, you are responsible for maintaining control over your animals. If you do not take the necessary precautions of controlling your animal, you are considered negligent and liable for damages and injuries caused by the pet. It is in your best interests to secure a dangerous pet in a location away from strangers to avoid paying damages should an accident occur.
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