Current with changes from the 2024 Legislative Session
Section 2321 - Damage caused by animals; livestockA. The owner of an animal, including livestock, is answerable for the damage caused by the animal. However, he is answerable for the damage only upon a showing that he 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 he 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:(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.Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.Amended by Acts 2024, No. 252,s. 1, eff. 8/1/2024.Acts 1996, 1st Ex. Sess., No. 1, §1, eff. 4/16/1996.