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; livestock

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Primary Citation:  LA C.C. Art. 2321 Country of Origin:  United States Last Checked:  November, 2024 Date Adopted:  1996 Historical: 
Summary: This Louisiana civil code statute provides that an owner of an animal, including livestock, is answerable for the damage caused by the animal. However, the owner is answerable for the damage only upon a showing that the owner 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 the owner failed to exercise such reasonable care.

A. The owner of an animal, including livestock, is answerable for the damage caused by the animal. However, the owner is answerable for the damage only upon a showing that the owner 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 the owner failed to exercise such reasonable care.

B. 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.

C. The owner of livestock is liable for damages for injuries to persons or property caused by the livestock that escape an enclosure and the owner could have prevented by an exercise of reasonable care. The owner of livestock is not liable for damages for injuries to person or property for livestock that escape an enclosure due to any of the following:

(1) A fortuitous event.

(2) No fault of the owner.

(3) Third-party provocation of the livestock.

D. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.

Credits
Amended by Acts 1996, 1st Ex.Sess., No. 1, § 1, eff. April 16, 1996; Acts 2024, No. 252, § 1.
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