Full Statute Name:  West's Louisiana Statutes Annotated. Louisiana Civil Code. Book III. Of the Different Modes of Acquiring the Ownership of Things. Title V. Obligations Arising Without Agreement. Chapter 3. Of Offenses and Quasi Offenses. Art. 2321. Damage caused by animals.

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Primary Citation:  LA C.C. Art. 2321 Country of Origin:  United States Last Checked:  January, 2015 Date Adopted:  1996
Summary:

This Louisiana civil code statute provides that an owner of any animal is liable for damages caused by that animal only upon a showing that he or she knew or should have known that his or her animal's behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he or she failed to exercise such reasonable care.  However, the owner of a dog is strictly liable for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person's provocation of the dog.

Statute Text: 

The owner of an animal is answerable for the damage caused by the animal. However, he is answerable for the damage only upon a showing that he knew or, in the exercise of reasonable care, should have known that his animal's behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nonetheless, the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person's provocation of the dog. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.

CREDIT(S)

Amended by Acts 1996, 1st Ex.Sess., No. 1, ยง 1, eff. April 16, 1996.

 

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