Louisiana

Summary: This Louisiana law states that it is necessary for "the immediate preservation of the public peace, health, morals, safety, and welfare and for the support of state government and its existing public institutions" to ban certain ritualistic acts. With regard to animals, the law defines a "ritualistic act" to include the mutilation, dismemberment, torture, abuse, or sacrifice of animals or the ingestion of animal blood or animal waste. Any person committing, attempting to commit, or conspiring with another to commit a ritualistic act may be sentenced to imprisonment for not more than five years or fined not more than five thousand dollars, or both.

Summary: This Louisiana statute defines a "dangerous dog" as any dog which when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog; or any dog which, when unprovoked, bites a person causing an injury; or any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of the owner of the dog. It is unlawful for any person to own a dangerous dog without properly restraining or confining the dog.

Summary: These Louisiana statutory sections provide the state's animal control and dangerous dog laws. A dog becomes dangerous when (1) unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog; (2) any dog which, when unprovoked, bites a person causing an injury; or (3) any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of the owner of the dog. It is unlawful for any person to own a dangerous dog without properly restraining or confining the dog. Any citizen or officer may kill any dangerous or vicious dog, and no citizen or officer shall be liable for damages or to prosecution by reason of killing any dangerous or vicious dog. The section also provides laws on licensing, vaccination, and prohibitions on dogs running at large.

Summary: These Louisiana statutes comprise the state's anti-cruelty provisions. The term "cruel" is defined in the first section every act or failure to act whereby unjustifiable physical pain or suffering is caused or permitted. The crime of cruelty to animals is subdivided into simple cruelty or aggravated cruelty. Simple cruelty occurs when a person intentionally or with criminal negligence overdrives, overloads, drives when overloaded, or overworks, torments, cruelly beats, or unjustifiably injures, or, having charge, custody, or possession of any animal, either as owner or otherwise, unjustifiably fails to provide any living animal with proper food, proper drink, proper shelter, or proper veterinary care.

Summary: The following comprise Louisiana's assistance animal/guide dog laws.

Summary: This Louisiana civil code statute provides that an owner of any animal is liable for damages caused by that animal only upon a showing that he or she knew or should have known that his or her animal's behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he or she failed to exercise such reasonable care. However, the owner of a dog is strictly liable 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.

Summary: These Louisiana statutes set forth the legislative policy, definitions, and factors for listing endangered species. Additionally, the commission is authorized to issue and promote the sale to the general public of "endangered species" stamps as an additional source of funding for implementation of programs under these statutes. Violation of these provisions may result in a class four or class six violation.

Summary: Morgan City, Louisiana makes it unlawful to own, possess, keep, exercise control over, maintain, harbor, transport, or sell any pit bull, with exceptions.  For example, if the owner has a permit for a pit bull on or before July 25, 2006, who has a pit bull license, and who maintains the pit bull in compliance with the pit bull license requirements, may keep a pit bull within the city. If the owner does not comply with the requirements, the pit bull could be impounded and destroyed.

Summary: A veterinarian agreed to house, transport, and care for an elephant at no charge other than the actual expenses incurred therewith. One evening, the elephant ingested some poison left in its stall by the veterinarian and later died.  On appeal of the trial court award to plaintiff, the Court disagreed with defendant’s contention that he, as a gratuitous depositary, could only be held liable for gross negligence, willful misconduct, or fraud. In fact, the civil code in Louisiana, states the burden of a depositary is "that of ordinary care which may be expected of a prudent man."  However, an  agreement between the parties was found to release Dr. Cane of liability from negligent acts.

Summary: Plaintiff claimed damages for the death of five pedigreed Norwegian Elkhound puppies resulting from the negligence of defendant, Hugh L. Caraway, a duly licensed veterinarian. Specifically, defendant allegedly failed to make proper diagnostic tests, failed to give proper treatment for coccidia from which the puppy died, although the defendant had professional knowledge that the puppy was suffering from that disease, and failed to exercise the standard of care required by the average prudent veterinarian in the community. The court first noted the difficulty in diagnosing distemper. It also found the doctrine of res ipsa loquitur in applicable in the instant case, primarily for the reason that the instant case involves a question of diagnosis and treatment of a professional nature which in itself requires judgment.