Dog Bite Attorney in Charlottesville

Dogs need little introduction as a favorite pets across the country and globe. According to the American Veterinary Medical Association (AVMA), over 38 percent of American households own a pet dog. The population of pet dogs totals to nearly 77 million in the United States alone.

Lovable though they may be, however, dogs are also sometimes known to attack humans and even other pets. When they do, they can inflict serious injuries. In some cases, dog attacks can even be fatal. If you have been attacked by someone else’s pet dog, you may be entitled to compensation for your injuries. Do not wait to speak with a Charlottesville dog bite attorney.

Founded in 1911, Marks & Harrison has over a hundred years of experience protecting the rights of injury victims throughout Virginia. Call us today for a free consultation with an experienced dog bite lawyer in Charlottesville.

What Are the Dog-Bite Laws in Charlottesville?

Under what is commonly known as the “one-bite rule,” a dog owner does not necessarily get a “free pass” the first time the dog attacks someone. While that was the historic and traditional rule, Virginia has modified the rule so that is no longer the case. In Virginia, the one-bite rule now means that the owner is on notice that the dog is prone to bite or attack others and, thus, the owner owes a heightened duty of care to others to protect them from injuries inflicted by the dog after it first exhibits a propensity (or predisposition) to bite or attack.

So even if a dog is not known to be aggressive, dog-bite victims can still pursue compensation from the dog owner when the dog owner fails to use “reasonable care” in controlling their pet. Injured parties must provide evidence to prove that the dog owner’s irresponsibility caused their injuries. For example, an owner who fails to keep their dog in an enclosed yard or who does not follow dog-leash laws may be liable for injuries their dog inflicts as a result. Although a previous bite or attack would certainly make for a stronger case for liability against the owner, there is no strict liability for dog bites under Virginia law.

What Is Considered a Dangerous Dog Under Virginia Law?

Virginia law delineates quite specifically what may and may not be classified as a “dangerous dog.” On the one hand, a dog is classified as dangerous if it:

• Killed or inflicted serious injury on a cat or another dog; or
• Directly caused serious injury to a person, including lacerations, broken bones, or puncture wounds with its teeth.

On the other hand, dogs are also afforded many legal protections against classification as dangerous animals. Specifically, a dog cannot be classified as dangerous:

• Solely because it is a particular breed
• It injured someone knowingly trespassing or otherwise committing a crime on the dog owner’s property
• It injured someone who provoked, tormented, or physically abused the dog at the time of the attack or previously
• If the animal is an on-duty police dog
• If it attacked in response to pain or injury
• It attacked to protect itself, its kennel, its offspring, a person, or its owner’s property
• It hurt a cat or another dog while engaged with its owner in lawful hunting or participating in an organized, lawful dog handling event
• If the court determines, based on evidence or for other good cause, that the dog is not dangerous or a threat to the community

What Happens When a Dog Is Classified As Dangerous?

A law enforcement officer or animal control officer who has reason to believe that a dog is dangerous may request that a summons be issued requiring the owner to appear for a court hearing. A trial is then held within 30 days of the issuance of the summons. At trial, the state must prove beyond a reasonable doubt that the dog is dangerous. A dog bite lawyer can help.

If the court finds a dog to be dangerous, the dog owner must comply with many regulations meant to reduce the risk of others being injured in an attack and may be ordered to pay restitution to attack victims and/or pay the expenses incurred by a third party in caring for the dog throughout this legal process. Specifically, the dog owner must:

• Attach a tag to the animal’s collar that identifies it as a dangerous dog
• Provide proof that the dog has been neutered or spayed
• Provide documentation that the dog has been microchipped
• Present proof of liability insurance coverage of at least $100,000 for animal bites
• Pay a fee of $150 and receive a dangerous-dog registration certificate and renew that certificate each year for an additional fee
• Post signs on their property warning of the dog’s presence
• Keep the dog confined in the owner’s home and/or when outside, and ensure that the dog is leashed and muzzled in a way that “prevents it from biting a person or another animal”

How Long Do I Have to File a Dog-Bite Injury Claim in Charlottesville?

In Virginia, you normally have two years from the date you were injured to file a dog-bite lawsuit. However, if you were attacked while still a minor, the two-year countdown does not begin until you turn 18 years old. Either way, if you miss the deadline, the dog owner can file a motion to dismiss your case. In most cases, a judge must grant this motion, thereby destroying your route to compensation in court.

What Should I Do After Suffering a Dog Attack?

Even if you are not seriously injured, being attacked by a dog can be an extremely traumatic experience. Take the following steps to protect your right to compensation if you were injured in a dog attack:

• Gather evidence – Collect footage of the accident. Take photographs and videos of all bite marks and other injuries you suffered. Further, document anything at the scene that may prove the dog owner’s negligence. For example, if the dog escaped from the owner’s property, try to gather evidence of a broken fence or gate. Also, take a photograph of any surveillance cameras that might have captured the attack.
• Seek medical attention – Depending on the size of the dog, the intensity of the attack, and the vulnerability of the victim, dog attacks can result in very serious injuries. This is especially true if the victim is a small child or an elderly person. After suffering a dog attack, seek prompt medical attention as soon as possible to have your injuries treated.
• Keep track of documents – Keep copies of medical treatment and billing records. These will serve as key evidence in your case. Also, keep copies of your pay stubs and other income records if you take time off work while recovering from your injuries
• Keep a pain journal – Start a journal documenting the daily pain and suffering caused by your injuries. This will help your attorney illustrate more clearly at the negotiation table and in court the real impact of your injuries on your quality of life.
• Avoid social media – Avoid discussing your injuries on social media. Anything you post can be used by the at-fault party and their insurers to undermine your case.
• Speak to an attorney – Contact an experienced dog bite lawyer as soon as possible. The sooner you consult with an attorney, the more time they will have to build a strong case on your behalf.

Contact a Charlottesville Dog-Bite Lawyer

If you were injured in a dog attack, you should have your case evaluated by an attorney right away. At Marks & Harrison, our Charlottesville dog bite injury attorneys are prepared to defend your rights and help you pursue the compensation you deserve. Call us today for a free consultation with an experienced Charlottesville injury attorney.