Reviewed and Verified by Attorney Allan Berger — Licensed in Louisiana since 1974.
A dog attack happens fast and leaves lasting marks. Victims, many of them children, face deep puncture wounds, infection, nerve damage, scarring, and the kind of fear that lingers long after the wounds close. Louisiana law gives bite victims strong protection, but homeowner insurers still work to minimize payouts.
As a New Orleans dog bite lawyer, Allan Berger & Associates, P.L.C. has represented attack victims across southeast Louisiana for nearly 50 years. We handle the claim against the owner’s insurer so you can focus on healing.
If you need immediate help with a claim, contact Allan Berger & Associates, P.L.C. at 504-526-2222 for a free case review.
Your New Orleans dog bite claim at a glance
|
Your question |
What Louisiana law says |
| Is the owner automatically responsible? | Often, yes. Under La. Civil Code article 2321, an owner is strictly liable for a bite the owner could have prevented when the victim did not provoke the dog. |
| How long do I have to file? | Two years from the bite for injuries on or after July 1, 2024, under Louisiana’s two-year filing deadline. Earlier injuries have one year. |
| Can I recover if I was partly at fault? | Yes, if you are less than 51% at fault. Louisiana uses a modified comparative-fault rule with a 51% bar, effective January 1, 2026. |
| What does a lawyer cost up front? | Nothing. We work on a contingency fee, so you pay only if we recover money for you. |
| Who pays the claim? | Usually the owner’s homeowner or renter insurance policy, not the owner personally. |
How Louisiana dog bite law holds owners responsible
Louisiana is a strict-liability state for dog bites. Under Civil Code article 2321, a dog owner is responsible for damage the animal causes when the owner could have prevented it and the victim did not provoke the dog. You do not have to prove the dog had bitten someone before or that the owner was careless in the usual sense. That puts bite victims in a stronger position than in many other states.
The main defenses an owner can raise are provocation and trespassing. Insurers often claim the victim teased the dog or entered private property without permission. Louisiana follows a modified comparative-fault rule, so even if some blame is assigned to you, you can recover as long as you are under 51% responsible. Documenting what led up to the bite helps defeat these arguments.
Injuries our dog bite attorneys see most often
Dog bites cause far more than surface wounds. Victims frequently suffer deep puncture wounds and torn tissue, along with nerve and muscle damage that can limit movement long after the skin heals. Infections are a serious risk, including concerns about rabies exposure, and many bites leave permanent scarring and disfigurement.
Children are bitten more often than adults and tend to suffer the most severe facial injuries, because they are closer to a dog’s level. Beyond the physical harm, a serious attack often leaves emotional trauma, anxiety, and a lasting fear of dogs. These cases deserve full compensation for both the visible wounds and the psychological injury.
How a New Orleans dog bite lawyer can help
Dog bite claims look simple but rarely are, because the money comes from an insurance company that will look for any reason to pay less. A dog bite attorney in New Orleans handles that company for you. We gather the proof that supports your claim, including medical records, photographs of the wounds, the animal-control report, and statements from witnesses who saw the attack. We also work to identify the owner and the homeowner or renter policy that applies.
Just as important, we counter the defenses insurers raise. When an adjuster claims you provoked the dog or were trespassing, we use the facts to push back and protect your recovery. We document the full extent of the harm, including future scar-revision surgery and counseling for emotional trauma, and we calculate what the attack will cost over time. Your New Orleans dog attack lawyer negotiates firmly and, if the insurer will not be fair, we are prepared to file suit. You focus on healing while we handle the claim.
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Compensation a dog bite victim can recover
A complete dog bite claim accounts for the full scope of the harm. The economic side includes emergency care, surgery, and any reconstructive or scar-revision procedures, as well as future medical treatment as the injury heals. It also covers counseling for emotional trauma and lost wages, including time a parent takes off work to care for an injured child.
The non-economic side compensates for the personal toll of the attack, including physical pain, emotional distress, permanent scarring and disfigurement, and any lasting disability. For children especially, the emotional impact and visible scarring can carry significant value. We make sure the settlement reflects what the attack will cost you over time, including the expenses still ahead, rather than only the bills already in hand.
What to do after a dog attack in New Orleans
The steps you take early protect your health and your claim:
- Get medical care right away and report any infection risk.
- Identify the dog’s owner and get their contact and insurance details.
- Report the bite to local animal control.
- Photograph the wounds, the location, and the dog if possible.
- Get names and contact information for witnesses.
- Talk to a New Orleans dog bite lawyer before speaking with the insurer.
How long you have to file a dog bite claim in Louisiana
Louisiana gives you two years from the date of the bite for injuries on or after July 1, 2024. Earlier injuries fall under the old one-year deadline. When a child is bitten, special rules can affect the timeline, which is one more reason to speak with a lawyer promptly.
Frequently asked questions
Will the owner have to pay out of their own pocket?
Usually not. Most dog bite claims are paid by the owner’s homeowner or renter insurance policy, so pursuing compensation does not mean financially ruining a neighbor, friend, or relative. The claim is against the insurance company, which is why having a lawyer levels the field.
What if the dog had never bitten anyone before?
That does not matter under Louisiana’s strict-liability rule. Unlike states with a one-bite rule, Louisiana holds owners responsible for a bite they could have prevented, even if the dog had no history of aggression. The focus is on whether the owner could have stopped the attack.
The owner says I provoked the dog. Can I still recover?
Possibly. Provocation is a defense insurers raise often, but it has to be proven, and Louisiana’s comparative-fault rule still lets you recover as long as you are under 51% at fault. Witness accounts and the circumstances of the attack help us push back on that claim.
My child was bitten. How is that handled differently?
Claims involving children are treated with special care, both because their injuries are often more serious and because the filing deadline can work differently for minors. We help families pursue full compensation for medical care, scarring, and emotional harm, and any settlement for a child is reviewed to protect their interests.
What if the bite happened at the owner’s home while I was visiting?
You can still bring a claim. Being a guest does not bar recovery, and the homeowner’s insurance is typically the source that pays. As long as you did not provoke the dog or trespass, the owner remains responsible for an attack they could have prevented.
How much is my dog bite case worth?
It depends on the severity of the wounds, the extent of scarring, the emotional impact, and any future treatment you will need. No lawyer can promise a figure up front, but we can give you a realistic range after reviewing your case during a free consultation.
Why trust Allan Berger & Associates, P.L.C.?
Founded by Allan Berger in 1975, our firm has spent nearly five decades representing injured people and families across Louisiana. Attorney Berger and attorney Andrew J. Geiger have both been named Super Lawyers, and the firm holds the AV Preeminent® rating from Martindale-Hubbell, the highest peer rating for legal skill and ethics. Gambit Weekly and Louisiana Legal Leaders have recognized our work as well.
Insurance carriers know we prepare every case for trial, and that reputation gives our clients an advantage when it comes time to settle. From our office on Canal Street, we treat every dog bite case with the preparation and personal attention it deserves.
You pay nothing unless we win, and your first consultation is always free.
Talk to a New Orleans personal injury lawyer today at 504-526-2222 or send us a message online to schedule your free consultation.