Louisiana

Displaying 51 - 60 of 78
Titlesort descending Summary
LA - Rabies Immunization- Chapter 1. Anti-Rabies Vaccination Requirements for Dogs and Cats These regulations are Louisiana's rabies provisions. Under the chapter, a person is prohibited from keeping a dog, cat, or ferret over the age of three months that has not been vaccinated against rabies by a licensed veterinarian.
LA - Reptiles - § 632.5.1. Constrictors and poisonous snakes This Louisiana law provides that certain species of constrictor snakes in excess of eight feet long and venomous snakes shall only be allowed by permit issued by the Department of Wildlife and Fisheries except for animals kept by animal sanctuaries, zoos, aquariums, wildlife research centers, scientific organizations, and medical research facilities as defined in the Animal Welfare Act. Violation of the provisions of this Section or rules adopted pursuant thereto shall constitute a class three violation.
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. These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
Leger v. Louisiana Dept. of Wildlife and Fisheries


Alex Leger instituted this action against the Louisiana Wildlife and Fisheries Commission and Burton Angelle, in his capacity as Commissioner of the Louisiana Department of Wildlife and Fisheries, to recover damages for the loss of his 1973 sweet potato crop.  Leger's primary contention was that, since the State of Louisiana is the owner of all wild quadrupeds according to statute, it is legally responsible for damages done to his potato crop.  The court held that the statutory  language compels the conclusion that the state's ownership is in a sovereign, and not a proprietary, capacity.  Thus, the nature of the ownership is as a trustee and the management duties are carried out under police power authority.  The court found nothing in the cited statutes or in the law which indicates that the state has a duty to harbor wild birds or wild quadrupeds, to control their movements or to prevent them from damaging privately owned property.

Lincecum v. Smith


Despite "Good Samaritan" intent, the defendant was liable for conversion where he authorized a sick puppy's euthanasia without first making reasonable efforts to locate its owner. The court also awarded $50 for the puppy's replacement value and $100 for mental anguish and humiliation.

Louisiana v. Caillet, Jr.
Twenty- six people where charged with dog fighting in violation of

La. Rev. Stat. Ann. §

 

14:102.5

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.


In this Louisiana dog bite case, a guest individually and on behalf of child brought an action against the dog owner to recover for bites.  The child's bites occurred while the guest and her child were visiting defendant's home after the child had been petting and hugging the dog (a fairly large Chow).  The appellate court held that the adult guest's conduct of swatting the dog with a shoe after the dog had released the child's arm was not provocation and the defendant was strictly liable for the injuries.  While the district court reasoned that the guest failed to use reasonable caution in reading the warning signs and provoked the dog by striking him after he had already released the child, this court found that the guest and her children entered the yard through the house, and she did not notice the signs. Moreover, both witnesses testified that events unfolded very fast; the record persuaded the court that Ms. McBride's conduct in swatting Smokey with a shoe was not an intentional provocation but a natural and inevitable reaction to seeing her child's arm in the dog's jaws.  

Pages