Dogs are immediately recognizable as a favorite pet throughout the country. According to the American Veterinary Medical Association (AVMA), there are nearly 77 million pet dogs in the United States alone. That said, dog attacks are not unheard of. When they happen, they can leave victims seriously injured.
Virginia follows the “one-bite rule” when it comes to dog attacks. This means that dog owners can be held liable for failing to take precautions to restrain their dog when the animal has previously attacked someone. Dog owners could also be held liable for an attack when, regardless of whether the dog had a history of violence, the owner’s irresponsibility nonetheless led to the attack.
If you were injured in a dog attack, the Virginia dog bite attorneys at Marks & Harrison are ready to handle your case. We have extensive experience helping dog bite victims throughout Virginia seek the compensation they deserve. Let us put our experience to work for you. Call or contact us today for a free consultation.
What Is Considered a Dangerous Dog in Virginia?
Virginia law defines “dangerous dog” very specifically. On the one hand, a dog is considered dangerous if it either:
- Killed or inflicted serious injury on a companion animal that is a dog or cat, including a serious impairment of health or bodily function that requires significant medical attention, a serious disfigurement, any injury that has a reasonable potential to cause death, or any injury other than a sprain or strain; or
- Directly caused serious injury to a person, including laceration, broken bone, or substantial puncture of skin by teeth.
On the other hand, a dog may not be legally deemed dangerous because:
- Of its 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.
Virginia courts are given wide latitude when evaluating dog attack cases. On a case-by-case basis, they may determine that a dog is not dangerous or a threat to the community based on the totality of the evidence or “for other good cause.”
How Can Dog Owners Be Held Liable for a Dog Attack?
When evaluating liability for a dog attack, Virginia law starts with the “one-bite rule.” According to this traditional rule, one attack should be enough to put a dog owner on notice of their animal’s aggressive predisposition. If they fail to take precautions accordingly, they will be held liable for injuries sustained in subsequent attacks.
You might also be able to pursue compensation for your injuries by arguing that the owner was negligent with their animal, even if the dog does not have a history of violence. This path toward compensation requires you to provide evidence that the dog owner did not take “reasonable care” to ensure that their pet does not harm others.
If the dog owner violated a law or regulation meant to keep animals from injuring others, you might even be able to show that the owner was negligent by simply providing evidence of the violation. For example, though Virginia state law does not require that dogs be kept on a leash, many municipalities do. Violation of these local ordinances may be evidence of negligence per se.
A personal injury attorney can evaluate your case and identify all legal arguments to prove the at-fault party’s liability. However, take note that injured parties may not recover compensation for attacks they provoked by:
- Abusing or tormenting the dog
- Harming the owner in front of the dog
- Trespassing on the dog owner’s property
What Compensation Is Available for a Dog Bite Injury in Virginia?
The compensation available for a dog bite attack will depend largely on the severity of the injuries you sustained. An experienced dog-bite injury attorney could help you seek compensation for the following:
- Medical expenses
- Lost wages if you could not work due to your injuries
- Reduced earning capacity if your injuries cause long-term disability
- Pain and suffering
- Lowered quality of life
- Emotional distress
- Funeral and burial expenses
- Wrongful death
Do I Have a Deadline to File a Dog Bite Injury Lawsuit in Virginia?
Yes. In Virginia, the statute of limitations gives you two years from the date of the incident to file a lawsuit for a dog bite injury. If you fail to comply with this filing deadline, your case will most likely be dismissed in court.
In addition to destroying your route to compensation through the court system, this result will also destroy most of your leverage when attempting to negotiate an out-of-court settlement with the at-fault party. The easiest way to avoid this is by bringing your case to an experienced personal injury attorney as soon as possible. Do not wait.
What Should You Do If a Dog Bit You?
When injured in a dog attack, a lawsuit is probably the last thing on your mind. However, remember that you are likely entitled to compensation when injured by another person’s dog at no fault of your own. Therefore, it is important to take steps early on to protect your right to compensation. When injured in a dog attack, take the following steps:
- Seek medical attention – Of course, you should seek immediate medical care when injured in a dog attack. A physician can evaluate your condition and determine the appropriate treatment, which may include vaccinations, stitches, or surgery. Further, the medical treatment and billing records created by your doctor will be used to calculate your compensation. Therefore, leave nothing out.
- Preserve evidence – You will need evidence to prove the at-fault party’s liability. The best place to begin collecting this evidence is the scene of the accident itself. Take videos and photographs of your injuries, the dog, the area it lives in, surveillance equipment that might have captured the attack, and anything that can be used down the road to prove the dog owner’s negligence. Also, be sure to identify witnesses to the attack and gather their contact information.
- Contact an attorney – Have your case evaluated by a personal injury attorney as soon as possible after the accident. An attorney will review your case, evaluate the governing law, explain your options, and help you fight for the compensation you deserve.
Contact Our Virginia Dog Bite Injury Lawyers
Dogs are beloved pets in households throughout the country. That said, they sometimes also attack. When they do, they can inflict serious and sometimes even fatal injuries.
If you were injured in a dog attack, you may be owed compensation and should speak to an attorney as soon as possible. The Virginia dog bite lawyers at Marks & Harrison are ready to help you on the path toward maximum compensation. Call us today for a free consultation.
