In Marie v. American Alternative Insurance Company, a visitor to a Hospice brought his dog to the Hospice to visit a patient.  The dog bit another patient.  The patient sued Hospice. The court held that the dog’s presence at the Hospice did not create a unreasonable risk of harm.  The court weighed the magnitude of harm versus the utility of having the dog on premises, the benefit being the pleasure derived from the dog by the patients.  The Hospice did not have care, custody, or control over the dog.  This decision was a reversal of the trial court that held the Hospice liable.


Plauché, Smith & Nieset is engaged in the insurance defense practice, concentrating on insurance defense litigation and business litigation in Calcasieu Parish, Cameron Parish, Jefferson Davis Parish, Allen Parish, and Beauregard Parish.  Plauché, Smith & Nieset also engages in the insurance defense practice throughout the state of Louisiana.