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Current as of January 01, 2023 | Updated by Findlaw Staff
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 person 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.
Cite this article: FindLaw.com - Louisiana Civil Code Tit. V, Art. 2321. Damage caused by animals; livestock - last updated January 01, 2023 | https://codes.findlaw.com/la/civil-code/la-civ-code-tit-v-art-2321/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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