|LA - Trust - § 2263. Trust for the care of an animal||This law enacted in 2015 allows the creation of a trust may to provide for the care of one or more animals that are "in being and ascertainable" on the date of the creation of the trust. The trust may designate a caregiver for each animal. The trust terminates on the death of the last surviving animal named in the trust. The "comments" that follow the statutory language provide some interesting explanation of several provisions of the new law.|
|LA - Vehicle, animal - § 1738.1. Immunity from liability; gratuitous emergency care to domestic animal||This 2018 Louisiana law states that there shall be no liability on the part of a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing an animal in distress. The person must first do the following: (1) make a good-faith attempt to locate the owner before forcibly entering the vehicle (based on the circumstances); (2) contact local law enforcement/911 before forcibly entering; (3) determine the vehicle is locked and has a good-faith belief there is no other reasonable means for the animal to be removed; (3) believe that removal of the animal is necessary because the animal is in imminent danger of death; (4) use no more force than necessary to rescue the animal; (5) place a notice on the windshield providing details including contact information and the location of the animal; and (6) remain with the animal in a safe location reasonably close to the vehicle until first responders arrive. For purposes of the law, "animal” means any cat or dog kept for pleasure, companionship, or other purposes that are not purely commercial.|
|LA - Veterinarian Immnity - Chapter 20. Miscellaneous Provisions Common to Certain Professions.||
This law reflects Louisiana's good Samaritan provision. Under the law, a licensed veterinarian licensed under who in good faith gratuitously (without payment) renders emergency care or services or assistance at the scene of an emergency to an animal is not liable for any civil damages as a result of any act or omission in rendering the care or services or assistance.
|LA - Veterinary - Veterinarians.||
|Leger v. Louisiana Dept. of Wildlife and Fisheries||
|Lincecum v. Smith||
|Louisiana v. Caillet, Jr.||
Twenty- six people where charged with dog fighting in violation of
La. Rev. Stat. Ann. §
for paying a fee to be spectators at a dog fight. They filed a motion to quash, urging that the indictments failed to charge a punishable offense; they were denied the motion. Thereafter, 11 defendants applied for supervisory writs, the appellate court granted the motion to quash, holding that §
14:102.5 did not proscribe paying a fee to be a spectator at a dog fight.
|McBride v. XYZ Ins.||
|McCall v. Par. of Jefferson||Defendant appeals a judgment from the 24th Judicial District Court (JDC) for violations of the Jefferson Parish Code. In 2014, a parish humane officer visited defendant's residence and found over 15 dogs in the yard, some of which were chained up and others who displayed injuries. Initially, defendant received a warning on the failure to vaccinate charges as long as he agreed to spay/neuter the animals. Defendant failed to do so and was again found to have numerous chained dogs that did not have adequate food, water, shelter, or veterinary care. He was ordered to surrender all dogs in his possession and was assessed a suspended $1,500 fine. On appeal, defendant claims he was denied a fair hearing because he was denied the opportunity to cross-examine witnesses and present evidence. This court disagreed, finding that the JDC functioned as a court of appeal on the ordinance violations and could not receive new evidence. Before the JDC hearing, this court found defendant was afforded a hearing that met state and local laws. The JDC judgment was affirmed.|
|Montgomery v. Lester||In this case, the Lesters appealed the judgment of the trial court awarding the Montgomerys $200,000 for the injury and death of their thoroughbred house that was caused by the Lester’s dog. The Lester’s dog chased after and barked at the horse, causing the horse to attempt to climb a fence which severely injured the horsed. The injuries were so severe that the horse was later euthanized. The Montgomerys filed suit against the Lesters and awarded $200,000 in damages. On appeal, the Lesters argued that the claims filed by the Montgomerys should be dismissed because they have “no personal right to claim the damages asserted” because “the registered owner of the horse at issue was Montgomery Equine Center, LLC and not the [Montgomerys].”The court reviewed the issue and determined that the Montgomerys were entitled to damages because they were the rightful owners of the horse. The court held that “registration of a horse does not prove ownership under Louisiana Law.” As a result, the court found that although the horse was registered to the Montgomery Equine Center, the Montgomerys were still the owners of the horse and therefore entitled to the damages that were awarded by the trial court judge.|