Picture this: A dog bites you while you are on your daily run in the park. When you decide to sue the owner in order to receive compensation for your injuries, they say that you cannot hold them liable, as you provoked them by running past.
Louisiana law states that a dog owner is liable for injuries and damages caused by the dog if they knew that the animal was dangerous, and they did not take reasonable care to prevent the injury. An owner is not liable if you, the injured individual, provoked the dog to the point of attack. What constitutes provoking a dog?
Examples of provocation in a dog bite case
Provocation, in this context, means that an individual’s actions directly caused the dog to bite. Usually, a judge will treat each situation differently and there may not be any hard and fast rules on what actions will provoke a dog, as each dog is unique. Behaviors that may provoke a dog to bite include:
- Invading a dog’s personal space
- Shoving hands or face into dog’s face
- Continuing to behave in a provoking manner after the dog has growled or snapped
- Shouting at the dog
- Petting or going near a dog after the owner has warned not to
Behavior that is not an example of provocation
As stated above, there are many ways that a person could provoke a dog. Truly it depends on the dog, as some dogs are able to withstand more provocation than others. However, there are some behaviors that most would not consider provoking. Walking or running down the same street as a dog or petting a dog are likely not considered a trigger. If a dog bites you without warning, it is likely that the owner is liable, and not you.