Dog Bite Statute of Limitations in Louisiana
Last verified 2026-07 · Source: La. Civ. Code Ann. art. 2321 ✓ verified · 3 sources
The deadline
1 year
from date of bite/injury, under La. Civ. Code Ann. art. 2321.
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The deadline to file a dog bite lawsuit in Louisiana is 1 year, set by La. Civ. Code Ann. art. 2321. It starts running on date of bite/injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Louisiana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Dog Bite | 1 year | La. Civ. Code Ann. art. 2321 |
| Car Accident | 2 yrs | La. Civ. Code art. 3493.1 |
| Credit Card Debt | 3 yrs | La. Civ. Code art. 3494 |
| Medical Malpractice | 1 yr | La. R.S. 9:5628(A) |
| Wrongful Death | 1 yr | La. C.C. Art. 2315.2 |
| Personal Injury | 2 yrs | La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024) |
| Slip and Fall | 2 yrs | La. Civ. Code art. 3493.1 |
| Defamation | 2 yrs | La. Civ. Code Ann. art. 3493.1 |
| Breach of Contract | 10 yrs | La. Civ. Code art. 3499 |
| Medical Debt | 3 yrs | La. Civ. Code Art. 3494 |
When the Clock Starts
In Louisiana, the limitations period for dog bite injury claims generally begins on date of bite/injury. Louisiana recognizes a discovery rule for this claim type: Louisiana courts may apply a discovery rule tolling prescription where injury or causation was not immediately apparent at the time of the bite.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 90-day written notice required for claims against state or political subdivisions under La. R.S. 13:5107.
Following a 2004 amendment, La. CC art. 2321 requires proof that the owner knew or should have known of the animal's dangerous behavior — no longer pure strict liability. The 1-year delictual prescriptive period under CC art. 3492 applies.
Source: La. Civ. Code Ann. art. 2321, official Louisiana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Louisiana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Louisiana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Louisiana | 1 year | La. Civ. Code Ann. art. 2321 |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-56-105 (3-year personal injury SOL); no specific dog bite statute — common law one-bite rule applies |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 |
Frequently Asked Questions
How long do I have to file a dog bite lawsuit in Louisiana?
You have 1 year from date of bite/injury, under La. Civ. Code Ann. art. 2321.
Can I still sue after 1 years in Louisiana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to dog bite injury claims in Louisiana?
Yes. Louisiana courts may apply a discovery rule tolling prescription where injury or causation was not immediately apparent at the time of the bite.
What if the victim was a minor?
Louisiana generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
90-day written notice required for claims against state or political subdivisions under La. R.S. 13:5107.
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Sources
- Official Louisiana Civil Code Art. 2321 - Damage Caused by Animals
- Corroborating Justia - Louisiana Civil Code Art. 2321
- Corroborating Nolo - Louisiana Dog Bite Laws
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Louisiana attorney.