Virignia’s Dog Bite Laws: What Every Victim Should Know
In Virginia, dog bite injury cases can be legally challenging and often require particular evidence to be successful. A dog attack can leave victims with severe injuries, scarring, permanent disfigurement, and emotional trauma, so here are some things every victim know about dog bite claims in Virginia.
When is someone responsible for a dog bite in Virginia?
Many states have laws imposing “strict liability” on dog owners who attack people. In these states, a dog owner is liable for the injuries their dog causes even if the owner was careful or didn’t know that the dog was aggressive. However, Virginia isn’t one of these states. Instead, it follows a fault-based approach in which the injury victim must prove that the dog owner was negligent, similar to proving that a driver was negligent in causing a car accident.
In Virginia, dog owners can be liable for their dogs attacks under a few legal theories:
One Bite Rule. Virginia follows a “one-bite” rule, which means that if an owner knew (or should have known) that their dog had bitten someone once before, or had even acted aggressively or like it wanted to bite someone, and then bit someone, then the owner may be liable for any injuries caused by the attack.
Negligence. The one-bite rule is a form of negligence, but dog owners are generally responsible for knowing their dogs’ behavior. Even if someone’s dog isn’t aggressive, the owner should know its unique behaviors and characteristics—such as being skittish around new people or environments—and the owner must be careful to prevent a situation in which the dog may hurt someone. Failing to do so may make the owner liable.
Negligence Per Se. This means a dog owner violated a law designed to protect people from dogs and someone was hurt as a result, such as letting a dog off-leash in a public place when there is a local law requiring all dogs to be leashed.
In addition to the owners, sometimes other parties can be liable for dog attacks too. For instance, a landlord or property owner owes a duty to “invitees” (people who are invited to the property typically for a business purpose) to warn them of hazardous conditions or dangers on the property that they know about (or should know about), which may include a dog that poses a risk of injury to someone. In that kind of situation, the landlord may be liable if they fail to fulfill their duty to the guest who is then injured. A real-world example could lool like a hotel housing a guest’s dog that the hotel knew or should have known was dangerous, which then attacked or bit another guest.
What are common defenses to dog bite claims?
In Virginia, there are several defenses to dog bite incidents that can be effective. Here are some of the most common ones:
No Prior Bite or Aggression. As the one-bite rule states, an owner may be liable if they knew their dog had bitten someone before or had a tendency to be aggressive. However, if the owner had no knowledge—or any reason to know—that their dog had previously bitten someone, they might not be liable. And if the dog generally had never acted aggressively towards anyone and the bite or aggression was a highly unusual incident, that may provide an effective defense as well.
Contributory Negligence. Like with car accidents and most other types of personal injury claims in Virginia, the victim him or herself must not have been negligent, even slightly, in causing the attack. For example, if a home’s fence has a “beware of dog” sign, and the victim enters anyways and is attacked, there may be an argument that the victim was contributorily negligent. For children, it’s important to know that the standard of contributory negligence varies depending on their age based on their maturity and intelligence. Learn more about how contributory negligence could cost you your entire personal injury claim.
Trespassing. In Virginia, generally speaking, property owners don’t owe a duty to warn trespassers from dangers on their property. If someone is on another person’s property without their permission and is attacked by their dog, then the owner may have an effective defense.
Provoking the Dog. If a dog attacks someone as a result of being intentionally provoked or is acting in self-defense against the human, that person may be contributorily negligent.
What kind of compensation is available in a dog bite case?
A dog bite falls under the large umbrella of personal injury cases, so dog bite victims are entitled to compensation for the same damages that victims of car accidents, slip and falls, bicycle accidents, etc., can recover. These include:
Medical expenses
Future medical treatment
Lost wages
Reduced earning capacity
Pain and suffering
Emotional distress
Permanent scarring or disfigurement
However, an important aspect of a dog bite claim (and any personal injury claim generally) that can inhibit a victim’s recovery is finding applicable insurance coverage or assets to compensate someone for their damages. For example, if a guest is attacked while at someone’s home, the homeowner’s insurance policy may likely provide liability coverage for that incident. But if someone is attacked by that same person’s dog while on a walk in the neighborhood, whether the homeowner’s insurance policy would cover that situation likely depends on the specific terms of the policy.
Another example of a tricky coverage situation is when a tenant's dog attacks another tenant or guest in their apartment complex. There would be questions about whether the tenant had a renter’s insurance policy and whether the specific terms of that policy provide coverage for a dog bite in that situation. The location of where the attack occurred—whether in the unit or the common area—could play a role in determining whether coverage applies.
Final Thoughts
We expect dog owners to handle their pets responsibly. In public, this means always using a leash when required or, if the owners know their dog is particularly reactive or aggressive, to keep the dog restrained and away from interactions with people. If you’re invited to someone’s home—whether for a dinner party or to deliver a package—you likewise expect the homeowner to warn you about their dogs (if they’re aggressive) or at least restrain them based on your comfort with their dog or dogs generally. When dog owners fail to appropriately handle their dogs, people can get bit and attacked, causing severe injuries, especially to children. And, sometimes, someone other than the dog owner can be at fault for an incident.
Determining whether someone is liable for your injuries, what defenses may apply, and whether any insurance coverage or assets are available to compensate you can be complex questions that require the expertise of a skilled lawyer. If you’ve become a victim, contact a Virginia personal injury attorney so that you can understand your options and potential to recover from the incident.
