Does a Dog Need to Be Put Down if it Bites Someone?

When a dog bites someone, it can cause serious harm. Dog bites can lead to infections, nerve damage, severe scarring, and psychological conditions like PTSD. After a dog attack, many people assume that the animal will automatically be euthanized, but that’s not always the case.

In Louisiana, for example, a strict process evaluates each case based on the severity of the bite, the circumstances of the attack, and the dog’s previous behavior. This process helps determine whether euthanasia is necessary or if there are other options to manage the situation while keeping the public safe.

Read on to learn about dog bite liability in Louisiana, what steps the state takes to hold dog owners accountable, and when euthanasia is ordered to protect the community.

How Does Louisiana Law Handle Dog Bite Liability?

Louisiana enforces a modified strict liability rule for dog bites when the owner could have prevented the attack. According to Statute 2321, dog owners are responsible for any harm to both people and property their pets cause if the owner knew it was a possibility and did not take reasonable measures to prevent it from happening.

Two key exceptions to this rule are if the victim provoked the dog or if the person bitten was trespassing on private property at the time of the attack.

What Happens After a Dog Attacks Someone?

After a dog bite in Louisiana, the owner may face legal consequences through civil or criminal cases initiated by the state or the victim. These actions include:

• Civil Lawsuit: The victim has the right to file a personal injury lawsuit against the dog owner to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

• Criminal Charges: The state or local government may file criminal charges against the dog owner. For instance, if a dog attacks someone because it was not safely restrained or confined, the owner could be charged with negligent injuring under Louisiana Revised Statute 14:39.

• Fines: Local ordinances may penalize dog owners whose pets attack others. In New Orleans, for example, owners of dogs declared dangerous can face fines of up to $500 per day for non-compliance with restraint requirements.

• Euthanasia: In extreme cases, a dog may be determined to be “vicious,” a separate distinction from “dangerous.” If a dog is deemed vicious, a court may order it humanely euthanized. This decision is not taken lightly and is subject to specific criteria.

What Has to Happen for a Dog to Be Put Down After a Bite?

A court may order a dog to be euthanized if it is determined to be a vicious dog under Louisiana law. According to Louisiana Revised Statute 14:102.15, a vicious dog is one that has inflicted serious injury or death on a person without provocation or has been involved in multiple attacks.

The process involves a hearing where evidence is presented to determine the dog’s status. If the court finds the dog to be vicious, it will order the dog to be humanely euthanized. However, not all dog bite incidents result in euthanasia.

Before making this decision, the court considers whether the attack was provoked or the victim was trespassing. If evidence shows that the dog was defending itself or its owner, the court may decide against euthanasia.

If a dog is determined to be dangerous or vicious, the owner can appeal to a higher court within 5 calendar days of the order. This appeal must be processed and returnable to the appellate court within 15 calendar days. This allows the owner to contest the ruling and potentially reverse the euthanasia order.

Alternatives to Euthanasia

If a dog is not declared vicious but is found to be dangerous, there are alternatives to euthanasia, including: 

• Proper Restraint and Confinement: The dog must always be kept indoors or in a securely enclosed area on the owner’s property. When the dog is off the property, it must be on a leash to prevent it from escaping or coming into contact with other people.

• Posting Warning Signs: Owners are required to place warning signs near the secure enclosure. These signs should be placed no more than 30 feet apart and at every regular entrance and exit point. The signs must bear the words “Beware of Dog” or “Dangerous Dog” in letters at least 3½ inches high and be readily visible to anyone approaching the secure enclosure.

• Training and Behavioral Modification: Professional training and behavioral therapy can help manage the dog’s aggressive tendencies and reduce the risk of future incidents. While legally required, animal control authorities and legal advisors often recommend this as a practical measure. Owners may also be advised to take responsible pet ownership classes.

Protect Your Rights After a Dog Bite Incident

Dog bites can leave lasting physical and emotional scars. Louisiana law provides recourse for victims, but understanding the legal process can be complex. A Louisiana dog bite attorney at Dudley DeBosier can advocate for your rights, fight for fair compensation, and help ensure the safety of your community from dangerous pets. Contact us today for a free case review. We’ll stand by your side every step of the way.

Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.

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