Liability in a case where an intruder is mauled by a guard dog can only be determined on a case by case basis.
Under Louisiana’s dog bite law, if the victim provokes a dog and is subsequently injured, the owner of the dog may not be held liable for damages. It’s possible that a court would view trespassing as a provocation of a trained guard dog, leaving the victim without legal recourse to pursue a damage award.
But there may be other angles that would have to be considered.
Whether the owner had signs or other warnings about the presence of the dog could matter, as could the specific facts of your case. There are factors that can prove the dog owner is liable for injuries caused by the dog.
It’s worth discussing the issues with an experienced New Orleans dog bite attorney to see what legal options are open to you.
At The Gertler Law Firm, we’ve helped clients recover more than $100 million over our 35 years in practice. Call us today at 504-581-6411 and talk to a lawyer for free.