Louisiana law gives dog bite victims strong legal protections, but most people don’t know what those protections actually are until it’s too late to use them properly. If you or your child was just attacked, the steps you take in the next 24 to 48 hours will directly shape what your case is worth. Cueria Law Injury Lawyers has handled dog bite and animal attack cases in New Orleans and across Louisiana for over 30 years. Talk to a dog bite lawyer. Call (504) 525-5211 to start your free consultation, available 24/7.
Louisiana Doesn’t Give Dog Owners a Free Pass on the First Bite
A lot of states follow what’s called the “one bite rule.” Basically, if the dog has never bitten anyone before, the owner gets a legal pass the first time around. Louisiana doesn’t work that way.
Under Louisiana Civil Code Article 2321, dog owners are held to a strict liability standard. If their dog caused your injury, if the attack was preventable, and if you didn’t provoke the animal, the owner is legally responsible regardless of whether the dog had ever shown aggression before. You don’t have to dig up a history of prior incidents or prove the owner should have known their dog was dangerous. The law already presumes fault once those elements are met.
There are exceptions worth knowing. Provoking the dog gives the owner a defense. Trespassing at the time of the attack complicates your claim. Under Louisiana’s comparative fault rules, if you contributed to the situation, your compensation can be reduced. Under modifications effective January 1, 2026, a victim found 51% or more at fault recovers nothing.
None of those exceptions are automatic, though. Insurance companies routinely try to pin provocation on victims even when it clearly didn’t happen. That’s exactly why documenting your side of the events quickly matters so much.
What to Do in the First 48 Hours After a Dog Attack
Evidence disappears fast. Dogs get moved. Owners get coached by their insurance companies. These steps protect your case:
- Get medical attention immediately, even if the wound looks minor. Dog bites carry serious infection risk, and medical records create a timestamped record that connects your injuries directly to the attack. Waiting even a day can give the other side room to dispute causation.
- Report the bite to local animal control. In New Orleans, that goes through the Louisiana SPCA or city animal control depending on the location. An official report creates an independent record the owner can’t later contradict.
- Photograph everything. Your wounds, the location, any broken fencing or unsecured gates, and the dog itself if you can do it safely. Time-stamped photos are some of the strongest evidence in these cases.
- Get names and contact information from anyone who witnessed the attack or arrived right after. A neighbor who saw the dog loose before the incident is especially valuable.
- Do not give a recorded statement to the owner’s insurance company before speaking with an attorney. Adjusters are trained to get victims to say things that reduce or eliminate their claims, and they’re good at it.
The statute of limitations for dog bite claims in Louisiana is one year from the date of the attack. That’s shorter than most people expect. Miss it and your right to file is gone, regardless of how serious the injuries are.
“R. Brent Cueria is an outstanding attorney who provided me with exceptional care and respect throughout my case, demonstrating impressive intelligence, skill, and dedication. His kindness and responsiveness were a comfort during a difficult time.” — Lisa Creppel, Google Review
What Compensation Is Actually Available After a Dog Bite
Dog bites cause more than puncture wounds. The physical recovery is often just the beginning, and a lot of victims underestimate what their case is actually worth.
Compensation in a dog bite claim can cover emergency room visits and follow-up care, reconstructive or plastic surgery, physical therapy, lost wages, permanent scarring or disfigurement, and pain and suffering. That last category is frequently the most significant piece. Post-traumatic stress, anxiety around animals, and trouble sleeping are all real and documented consequences of serious dog attacks. Insurance companies count on victims not knowing those damages are recoverable.
Children are especially vulnerable, both physically and legally. Bites to the face and neck are disproportionately common in young kids, and the psychological impact can persist for years. Louisiana courts take that seriously. Damages in child bite cases often reflect the long-term nature of the injury, not just the immediate medical bills.
Who Actually Pays in a Dog Bite Case
Most dog bite claims run through the owner’s homeowner’s or renter’s insurance policy. That matters because it usually means there’s a real source of compensation. You’re not chasing a broke individual out of pocket.
If the dog’s owner was renting, the landlord may also share liability, but only if the landlord had actual knowledge that the dog was dangerous and still failed to act. That doesn’t apply automatically. It has to be demonstrated through evidence, and it’s the kind of secondary liability theory that gets missed when victims handle claims on their own.
In some situations, a business can also be liable. A shop owner who allows a customer’s dangerous dog inside, or a property manager who ignored a known aggressive animal on the premises, can face claims separate from the dog’s owner. Identifying every viable defendant is part of what an attorney does, and it can significantly affect the total recovery.
Why New Orleans Dog Bite Victims Choose Cueria Law
As a New Orleans dog bite lawyer, Brent Cueria has been representing injured Louisianans since 1993, over 30 years of going up against insurance companies on behalf of people hurt through no fault of their own. He founded the firm after years on the defense side of personal injury cases. That background is an advantage. He knows exactly how insurers build their denials, and he knows how to dismantle them.
Cueria Law holds a 4.9-star rating across more than 130 client reviews. Mr. Cueria is a member of the Million Dollar Advocates Forum, which recognizes attorneys who have won settlements or verdicts of $1 million or more. He has been repeatedly selected to the Super Lawyers list, placing him among the top 5% of attorneys in Louisiana. The firm is also BBB Accredited.
Cases are handled on a contingency fee basis. You pay nothing unless the firm wins your case. Call (504) 525-5211 to start your free consultation.
“The best law office ever!! Always shows they care!! Feels like family. Mr. Cueria always goes above and beyond to get what you deserve!! Most important, FAIR!!!!” — Edlisha Johnson, Google Review
Meet the Attorney Who Will Handle Your Case
Brent Cueria, Founding Partner, earned his J.D. from Loyola University New Orleans School of Law in 1988. He spent his early career on the defense side of personal injury litigation, then founded Cueria Law in 1993 to represent injured people exclusively. He is licensed before the Louisiana Supreme Court and admitted to practice throughout the state, handling dog bites, car accidents, maritime injury, wrongful death, and catastrophic injury cases.
The firm is located at 650 Poydras Street, Suite 2740, in New Orleans. The team is available 24 hours a day, 7 days a week.
“The entire process was streamlined and very clear. You don’t have to guess and wonder what is going on. Very nice people and a good process.” — Faren Roberson, Google Review
Frequently Asked Questions About Dog Bites in Louisiana
What if the dog has never bitten anyone before? Can I still file a claim?
Yes. Louisiana’s strict liability standard under Civil Code Article 2321 does not require a prior bite history. If the attack was preventable and you didn’t provoke the dog, the owner can be held liable on the first incident.
What if the bite happened at a park, on a sidewalk, or at a public event?
Location doesn’t shield the owner. The law applies on public property just as it does on private property. A bite that happens on a public street or at a community event is still fully compensable under Louisiana law.
The owner says I provoked the dog. What happens now?
That claim has to be proven with actual evidence. It doesn’t stick just because the owner says it. Witness accounts, surveillance footage, and medical records all help establish what really happened. Don’t respond to the owner or their insurer directly. Let an attorney handle communications from the start.
How long do I have to file a dog bite lawsuit in Louisiana?
One year from the date of the bite. Louisiana’s statute of limitations on personal injury claims is strict. If you miss that window, the court will dismiss the case. Don’t wait to find out if you have a claim.
How much does it cost to hire Cueria Law?
There is no upfront cost. Cueria Law works on a contingency fee basis, meaning you owe nothing unless the firm recovers compensation for you.
What if the dog’s owner has no money or no insurance?
This is worth investigating before assuming there’s no path forward. Many renters have renter’s insurance that covers dog bites. Landlords may share liability if they knew about the animal. Property managers or businesses on whose premises the bite occurred may also be responsible. An attorney can identify recovery sources that aren’t obvious at first glance.
Bitten in Louisiana? Here Is Your Next Step
You have one year to act, and the sooner evidence is gathered, the stronger the case. At Cueria Law Injury Lawyers, our dog bite lawyer reviews your case for free and we only collect a fee if we win. Not sure where to start? Read our guide on how to find the right lawyer for your situation.
Call (504) 525-5211 any time, day or night, or visit cuerialawfirm.com to start your free consultation.
