Louisiana

Summary: This appeal arises from a personal injury lawsuit filed by Plaintiff Ducote, stemming from injuries she suffered as the result of a bite by defendant's cat. Plaintiff was walking down the sidewalk in New Orleans in the early evening when defendant's cat jumped on her left side and bit her hand causing injury. Plaintiff opted for the rabies immunoglobulin and the vaccine at the emergency room after defendant was unable to produce a rabies certificate (though the cat was later successfully quarantined). The trial court granted summary judgment upon motion for defendant and his homeowner's insurer. Plaintiff now appeals that decision. On appeal, the majority observed that liability of an animal owner (other than a dog) is provided by La. C.C. art. 2321, which gives a negligence standard based on knowledge of an animal's vicious propensities. The court found that there was no scienter on defendant's part as to the cat's dangerous nature (in fact, the cat was known to be a friendly cat with no previous incidents). Plaintiff suggests that liability should be based on a theory of negligence per se. Due to defendant's violation of city ordinances related to proof of rabies vaccination, he should be liable for damages. The court, however, rejected this, as Louisiana law does not recognize statutory negligence per se. Instead, in looking at negligence based on the set of facts, the court found plaintiff did not meet her burden. The trial court's decision was affirmed.

Summary: This law enacted in 2015 allows the creation of a trust may to provide for the care of one or more animals that are "in being and ascertainable" on the date of the creation of the trust. The trust may designate a caregiver for each animal. The trust terminates on the death of the last surviving animal named in the trust. The "comments" that follow the statutory language provide some interesting explanation of several provisions of the new law.

Summary: Defendant appeals a judgment from the 24th Judicial District Court (JDC) for violations of the Jefferson Parish Code. In 2014, a parish humane officer visited defendant's residence and found over 15 dogs in the yard, some of which were chained up and others who displayed injuries. Initially, defendant received a warning on the failure to vaccinate charges as long as he agreed to spay/neuter the animals. Defendant failed to do so and was again found to have numerous chained dogs that did not have adequate food, water, shelter, or veterinary care. He was ordered to surrender all dogs in his possession and was assessed a suspended $1,500 fine. On appeal, defendant claims he was denied a fair hearing because he was denied the opportunity to cross-examine witnesses and present evidence. This court disagreed, finding that the JDC functioned as a court of appeal on the ordinance violations and could not receive new evidence. Before the JDC hearing, this court found defendant was afforded a hearing that met state and local laws. The JDC judgment was affirmed.

Summary: This Louisiana law comprises the state's veterinary lien law, which relates only to services provided on horses. Any person who furnishes feed or medicines for a horse or horses, or any licensed veterinarian who furnishes medical services for a horse or horses, to or upon the order of the owner, has a privilege for the unpaid portion of the price thereof upon the horse or horses of the owner, which received the feed, medicine, or medical services.

Summary: This is a short overview of Louisiana Great Ape law.

Summary: According to the Louisiana Wildlife and Fisheries Commission (LWFC), the possession of certain nonhuman primates “poses significant hazards to public safety and health,” and “is detrimental to the welfare of the animals.” The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

Summary: These regulations are Louisiana's rabies provisions. Under the chapter, a person is prohibited from keeping a dog, cat, or ferret over the age of three months that has not been vaccinated against rabies by a licensed veterinarian.

Summary: This Louisiana law makes it a crime against nature to engage in "unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal." This results in a penalty of a fine of not more than two thousand dollars, and imprisonment, with or without hard labor, for not more than five years, or both. In 2018, the legislature added a new section dedicated to sexual abuse of animals.

Summary: This Louisiana ballot measure amended the state constitution after it was resoundingly approved in November of 2004 (by 81% of voters). The measure was initiated by the state legislature in Senate Bill 2 and was sent to the electors of the state for a vote. The measure on the official ballot stated that citizens were to vote FOR or AGAINST to amend the Constitution of Louisiana with the following proposition: "To guarantee the right of every citizen to hunt, fish and trap, subject to regulation, restriction, or prohibition as provided by law. (Adds Article I, 14 Section 27)."

Summary: Louisiana's Emergency Operations Plan addresses pets and service animals in several places. The parish office of homeland security and emergency preparedness must make an EOP that includes plans for animal sheltering: "The EOP must include planning for the humane evacuation, transport, and temporary sheltering of service animals and household pets in times of emergency or disaster. In preparing and revising the plan, the parish office of homeland security and emergency preparedness should embrace the “Whole Community” concept and seek the advice and assistance of government, business, labor, industry, agriculture, civic, and volunteer organizations."