If a child was bitten in Louisiana
Many states hold a child's deadline until the 18th birthday. Louisiana does not. Civil Code article 3468 says prescription runs against minors unless the legislature makes an exception. A parent should treat the child's claim as due two years after the bite.
One exception sits in article 3469. It suspends prescription between parents and children during minority. That only helps when the claim is against the child's own parent, for example when the family dog bit the child.
Our page on a dog bite on a child covers medical records and scarring claims.
Louisiana dog bite statute of limitations
Louisiana calls injury claims delictual actions. Civil Code article 3493.1 gives them two years, starting on the day the injury is sustained.
That period is new. Act 423 of the 2024 session replaced the old one year rule and applies only to claims arising after it took effect on July 1, 2024. Older bites stayed on the one year clock.
Is Louisiana a strict liability state for dog bites?
For dogs, yes. Under Civil Code article 2321, the owner of a dog is strictly liable for injuries the dog causes that the owner could have prevented and that did not come from your provocation of the dog. Owners of other animals are judged by what they knew, so the dog rule is the tougher one.
The words "could have prevented" carry weight. In Pepper v. Triplet, the Louisiana Supreme Court held that you must show the dog presented an unreasonable risk of harm. You still do not have to prove an earlier bite.
The 51 percent fault bar
Fault now has a cutoff point. A change to Civil Code article 2323 that took effect January 1, 2026 sets the line. If you are found 51 percent or more at fault, you recover nothing.
At 50 percent or less, your damages shrink by your share. The article says the rule applies under any theory of liability, so it reaches a claim under the dog article too.
When to call a Louisiana dog bite lawyer
Clean the wound first. The Louisiana Department of Health rabies page says to wash a bite with soap and water right away and plan to see a doctor.
Then think about proof of risk. Pepper turns on whether the dog posed an unreasonable risk, so a lawyer will look for past incidents, the size of the dog and how it was kept. Gathering that early protects a child's claim most, since no extra years are coming.
Keep the names of everyone who saw the bite. Provocation is the defense the article names, so a neutral witness who saw you leave the dog alone is worth a great deal.
How to report a dog bite in Louisiana
Report the bite to your local animal control or health department. The Louisiana Department of Health, Rabies page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the Louisiana State Bar Association membership directory.
