Dog Bite Injury Laws in Virginia: Claims, Settlements, and Lawsuits

 

How to Prepare, Negotiate, and Try Your Dog Bite Case

 

The American Pet Products Association estimates that 69 million U.S. households own a dog. And some families own more than one dog.

 

Given these numbers, it is no surprise that more than 4.5 million people are bitten by dogs each year in the United States, with more than 800,000 receiving medical attention. Of the millions injured by dogs, at least half are children.

 

Indeed, the Virginia Department of Health states that children have the greatest risk of being bitten by dogs and sustaining a severe injury from a dog attack.

 

Most dog bites occur in the dog’s home or a familiar place. This is probably why roughly 75% of the biting dogs belong to the victim’s family or friends.

 

Fortunately, homeowners and renters insurance policies usually cover dog bite liability and related damages, up to the policy limits. Therefore, you may be able to recover for damages caused by an attacking dog.

 

This article discusses how to investigate and prepare a dog bite injury lawsuit so that you recover the maximum amount possible through settlement or trial. Indeed, you may be able to recover compensation for medical bills, future medical expenses, lost income, decreased quality of life, physical pain and suffering, deformity, and reduced earning capacity. And in some cases, you may recover punitive damages from the dangerous dog’s owner.

 

Keep reading to learn more about dog bite laws in Virginia and how to win your case.

 

And contact us today if you have a question or would like a free consultation with a dog bite lawyer. You will see why others have voted me one of Virginia’s best personal injury lawyers.

 

Sources of Liability in Dog Bite Injury Cases

 

You have two ways to hold a dog’s owner liable for injuries from a dog bite or attack: common law liability under tort law (negligence) or statutory liability.

 

Common Law Liability for Dog Attacks – Virginia’s “One Bite Rule”

 

Under the common law (also known as judicial precedent), a dog’s owner is liable for damages from the dog’s actions if the owner knew or should have known the dog is dangerous.

 

Attorneys call this the “one-bite” rule because various courts have held that a dog’s owner had notice of the dog’s vicious or dangerous propensities if it had previously attacked or bitten another person or attempted to do so. However, you may also be able to prove the defendant had notice that the dog might cause injury if you can show:

 

  • The dog had attacked or bitten other pets without provocation.

 

  • The owner kept the animal as a guard dog trained to attack.

 

  • The dog had a history of baring its teeth and snarling at other animals or people.

 

  • The owner kept the dog as a fighting dog.

 

  • The dog had puppies, making it protective.

 

  • The owner knew the dog was nervous or would jump on people it did not know.

 

Statutory Liability for Injuries Caused by Dogs

 

Some states have enacted statutes imposing strict liability on a dog owner for injuries the dog causes. Under these statutes, a plaintiff does not have to prove the defendant owner was negligent or that the dog had vicious tendencies.

 

Virginia is not one of these states. However, it does have a dangerous dog statute.

 

Virginia’s Dangerous Dogs Statute

 

What is a Dangerous Dog? 

 

This statute, Code Section 3.2-6540, provides:

 

  • An animal is not a dangerous dog solely because it is a particular breed. For example, you will not win a dog bite injury case strictly because the attacking dog was an American Pit Bull Terrier, Rottweiler, German Shepherd, American Bulldog, Bullmastiff, Siberian Huskey, Labrador, Boxer, or Doberman Pincher.

 

  • An animal is a dangerous dog if it directly causes serious injury to a person, including laceration, a broken bone, traumatic brain injury, or substantial puncture of the skin by teeth. Or if it killed or inflicted severe damage on a companion animal (dog or cat). 

 

However, there are exceptions.

 

Exceptions to the Dangerous Dog Definition

 

A dog that otherwise meets the definition of being dangerous or vicious is not considered hazardous by law if the dog’s victim was, at the time of the attack:

 

  • Committing a crime on the animal’s owner’s premises (property)

 

  • Committing a willful trespass upon the premises occupied by the animal’s owner

 

  • Provoking, tormenting, or physically abusing the animal or can be shown to have done so at other times

 

Further, a dog that attacks another person or companion animal when responding to pain or injury or protecting itself, its kennel, a person, or its owner’s property will not be considered dangerous. Nor will the court find a police dog vicious and hazardous when it attacks while performing its duties.

 

What Happens if a Court Determines a Dog is Dangerous? 

 

If the court finds that the animal is a dangerous dog, the court will order the animal’s order to do several things.

 

For example, a dangerous dog’s owner must:

 

  • Update the dangerous dog’s registration certificate yearly. This registration information will include the animal’s name, a photograph, sex, age, weight, primary breed, secondary breed, color and markings, and the acts that resulted in the dog being designated as dangerous and associated trial docket information. Further, the registration includes the owner’s name and address, the microchip or tattoo number, and a statement that the owner has complied with the court’s dangerous dog order provisions. 

 

  • Allow a local animal control officer to inspect the dangerous dog and the premises where it stays.

 

  • Present satisfactory evidence of the animal’s current rabies vaccination, if applicable.

 

  • Provide proof that the animal has been neutered or spayed

 

  • Present evidence that the owner implanted the animal with electronic identification registered to the owner

 

 

  • Post visible signs warning both minors and adults of the presence of a dangerous dog on the property. These signs must remain posted at all entry points to the home and yard. 

 

  • Confine the dangerous dog inside a locked enclosure or the owner’s residence. If the dog remains outside, the responsible adult owner must control it by a physical leash and securely muzzle it. 

 

Further, the court may order the animal’s owner to pay restitution for actual damages to any person hurt by the animal or whose companion animal was injured or killed by the dangerous dog. Such an order does not stop the dog attack victim from pursuing civil remedies.

 

Local Law Relevant to an Owner’s Liability for Dog Attacks

 

Local ordinances may provide a basis for proving the dog’s owner was negligent.

 

Virginia Code Section 3.2-6538 gives cities, counties, and towns authority to enact ordinances prohibiting dogs from running free. It defines running free as “roaming or running off the property of its owner or custodian and not under its owner’s or custodian’s immediate control.”

 

This statute also permits any locality to pass a “leash law” requiring that dogs be confined, restricted, or penned up during specific periods.

 

Many local governments have taken advantage of this right and passed ordinances prohibiting owners from allowing their dogs to run free or at large. And these ordinances impose a civil penalty (monetary fine) on any dog owner found in violation. For example, Arlington County, Norfolk, Richmond, Roanoke, and Virginia Beach have ordinances defining and governing vicious and dangerous dogs.

 

Therefore, you should review local ordinances imposing liability on a dog owner for certain acts to see if you can prove that the violation of the statute was negligence per se. For example, in one case, a circuit court found the dog owner negligent and liable for injuries because the owner violated the city’s leash law. You are more likely to succeed with this argument if the dog caused harm when it knocked you down or ran into your bicycle’s path because it was not on a leash, rather than if it bit you.

 

How Do I Prove the Defendant Owns the Dog?

 

The common law and dangerous dog statutes are helpful, but only if you can prove the defendant owned the dog.

 

Proving that the defendant owns the dog can be difficult if the defendant refuses to acknowledge ownership. Therefore, you may need to investigate the following to prove ownership during your dog bite injury lawsuit:

 

  • A dog license

 

  • Collar identification

 

  • The defendant’s statements at the accident scene – for example, did the defendant call the dog’s name and tell it to stop?

 

  • Local animal control records

 

  • Documents referencing the animal’s purchase (check the SPCA or rescue society)

 

  • Family photographs that include the dog

 

  • Veterinarian records showing who took the dog to the vet and who paid the bills

 

  • Testimony from neighbors or family members about where the dog stayed and who walked or fed it

 

Can I Sue Anyone Other than the Dog Owner for Injuries from an Animal Attack?

 

Yes, you might have a dog bite lawsuit against persons other than the animal’s owner.

 

For example, you might have a premises liability lawsuit against a property owner or business that invited you onto the property and failed to give an adequate warning or take reasonable action to avoid harm.

 

And though it is not a civil lawsuit, you might also be entitled to workers compensation benefits if you are attacked or bit by a dog while performing your job duties. You may receive benefits such as lifetime medical care, wage loss payments, and compensation for permanent loss of use of the injured body part or scarring while also pursuing a third-party action against the dog’s owner.

 

What Evidence Do I Need to Win a Dog Bite Injury Lawsuit?

 

Every dog attack case is different.

 

But after identifying all potential defendants, consider doing the following:

 

Interviews

 

  • Ask neighbors for surveillance footage that may have filmed the incident. For example, Ring or other home security cameras may record the attack.

 

  • Call the neighborhood association, if one exists, and ask if anyone has complained about the dog that caused injuries. Such associations include an apartment association, condo association, or homeowners association.

 

  • Check with the local humane society or dog pound for records of past bites or attacks by this dog.

 

 

  • Get statements from persons that witnessed the dog attack.

 

  • Speak with neighbors to ask for stories about the dog that caused the injuries. For example, ask if the dog barked or growled a lot or threatened other people or animals.

 

  • Visit any dog trainers familiar with the dog and ask if they witnessed problems with the animal.

 

  • Talk with postal workers (USPS), utility employees, and lawn care workers about their observations of the dog.

 

Public Records

 

  • Check for past violations of leash laws. Such violations are public records, but you might need to determine the dog owner’s residential addresses to narrow which localities to search for for the past fifteen years.

 

  • Contact law enforcement (police, sheriff, etc.) and ask about past complaints or citations involving the dog or its owner.

 

Documentary Evidence

 

  • Photograph or videotape the owner’s premises to see if there are warning signs posted, an invisible fence, or the means to confine the dog by leash or doghouse

 

 

  • Take pictures of the accident scene.

 

  • Take pictures of the injuries immediately after the dog attack.

 

Expert Witnesses

 

Depending on the facts and what the defendant dog owner disputes, you might need to hire expert witnesses such as:

 

  • Veterinarians and animal control officers to identify the dog and testify about the dog’s behavior.

 

  • Orthopedic surgeons, psychiatrists, psychologists, and other medical professionals to establish personal injury damages.

 

  • Dog trainers to testify that the owner failed to train a dog known to be vicious.

 

Common Defenses to Dog Attack Lawsuits

 

There are two common defenses to dog bit injury cases: trespass and contributory negligence (including provocation)

 

Trespass

 

Trespass is a legal defense to dog attack claims.

 

Therefore, if you sustained injuries on the owner’s premises, you should develop evidence that you were lawfully on the property when attacked. For example, you may need to show that the dog’s owner either invited you on the property or that you had a license to be on the property to perform some duty.

 

Contributory Negligence (including Provocation)

 

Virginia is one of only a few states that still follow the contributory negligence doctrine. Under this doctrine, an injury victim cannot recover damages if they contributed to the incident – even just a little bit. 

 

Therefore, be mindful that the defendant may allege you provoked the attack by taunting the dog, ignoring warnings, or intervening in a fight between dogs when you did not have property or an animal to protect.

 

Insurance Coverage in Dog Bite Cases

 

You must be able to collect a judgment to recover fair compensation for your dog attack injuries.

 

And the best way to collect is through available insurance coverage – the defendant’s or yours.

 

Usually, homeowners insurance will pay for personal injury damages caused by a dog. However, you should read the policy to ensure it does not exclude certain breeds of dogs or dogs with a history of bites.

 

What is the Average Dog Bite Settlement Amount?

 

The average settlement for a dog bite injury case is $30,000 to $75,000.

 

Other statistics support this range.

 

For example, In Virginia alone, homeowners and insurers paid more than 11 million dollars in dog bite settlements in 2019 (an average of $31,976.72 per claim). And according to the Insurance Information Institute, the average cost per dog bite liability claim was $50,425 in 2020.

 

These numbers will likely rise. Indeed, the cost per dog attack claim has risen 162 percent nationally from 2003 to 2020 due to many factors, including increasing medical costs.

 

Call a Virginia Dog Bite Lawyer for Help Recovering Damages

 

Whether a dog you know attacked you or a random dog while taking a walk or working at someone’s home or business, we can help. 

 

Call now to get started. You only have two years to file a personal injury lawsuit. And we want to get to work negotiating a favorable dog bite injury settlement for you. 

Corey Pollard
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