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.
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.
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.
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:
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.
What is a Dangerous Dog?
This statute, Code Section 3.2-6540, provides:
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:
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:
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 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.
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:
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.
Every dog attack case is different.
But after identifying all potential defendants, consider doing the following:
Depending on the facts and what the defendant dog owner disputes, you might need to hire expert witnesses such as:
There are two common defenses to dog bit injury cases: trespass and contributory negligence (including provocation)
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.
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.
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.
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.
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.