My Child Was Bitten by a Dog While Trick-or-Treating. What Are My Legal Options in Virginia?
A Halloween Night That Ends in the Emergency Room
Let’s say, for example, six-year-old Ava is trick-or-treating with her dad in their Virginia Beach neighborhood. She’s dressed as a ladybug, and she’s made it about halfway down the street.
She walks up to a house with the porch light on and pumpkins on the steps, and rings the bell. Inside, a dog barks. It’s a house they’ve never been to, and a dog they’ve never seen.
The homeowner opens the door with a candy bowl in one hand. The dog pushes past her legs and lunges. It bites Ava on the cheek and the forearm before the owner can grab its collar.
“I’m so sorry,” the homeowner says. “She’s never bitten anybody. She just gets worked up when the doorbell rings.”
Ava’s dad takes her to the emergency room. The cheek wound needs stitches, and the ER doctor recommends a plastic surgeon for follow-up. The arm gets cleaned and bandaged, and she goes home on antibiotics.
The ER reports the bite, and an animal control officer calls the next day. The dog’s rabies shots are current, so it’s confined at home for a 10-day observation period. The officer’s report notes what the homeowner said at the door, “the dog gets worked up when the doorbell rings.”
Over the next few weeks, there are more appointments. Ava won’t walk past that house anymore. She cries when a dog barks on TV.
Her parents start to wonder, “who is supposed to pay for all of this? And can you really sue a neighbor over Halloween?”
Is the Homeowner Responsible in Virginia?
Often, yes, but it isn’t automatic. Virginia has no strict liability dog bite law. A homeowner is usually responsible when at least one of these is true:
- The owner knew the dog could be dangerous. A prior bite isn’t required. Growling, lunging, or even a comment like “she gets worked up when the doorbell rings” can count.
- The owner was careless. Opening the door on Halloween with the dog loose may not be reasonable care, especially when a closed room or a candy bowl on the porch would have prevented it.
- The owner broke a local leash law. Virginia lets localities set leash and running-at-large rules. A dog that bolts into the street may violate one.
Trick-or-treaters aren’t trespassers. A lit porch invites kids to the door. In Ava’s case, the owner’s own admission that the dog gets worked up at the doorbell, plus opening the door on Halloween with the dog unrestrained, are the kinds of facts that build a claim.
Can They Blame My Child?
They may try. Virginia follows a harsh rule called contributory negligence. If an injured adult is even partly at fault, they can be barred from recovering anything. An insurance adjuster may suggest the child reached for the dog, screamed, or startled it.
The law is much more protective of young children:
- Under age 7: A child cannot be found negligent.
- Ages 7 to 14: A child is presumed incapable of negligence unless the other side proves otherwise.
- Age 14 and older: A teen can be found at fault, but is judged against other kids the same age.
What about the parents? The parents’ choices aren’t held against the child either. The Supreme Court of Virginia has said that when a child sues for an injury, a parent’s negligence is not imputed to the child. So “Dad shouldn’t have let her go up to that door alone” isn’t a defense to the child’s claim.
A six-year-old like Ava can’t be blamed for ringing a doorbell on Halloween.
Who Actually Pays?
Usually it’s an insurance company, not your neighbor. Dog bites are typically covered by the owner’s homeowners or renters insurance.
That matters to families like Ava’s. Making a claim doesn’t mean taking your neighbor’s savings. It means using the coverage they already pay for. Most claims are resolved by negotiating with the insurance company, without ever going to court.
What a child’s claim can include
- Emergency room, urgent care, and follow-up visits
- Plastic surgery or scar revision, including procedures years later as the child grows
- Counseling for fear of dogs, nightmares, or anxiety
- Pain and suffering
- Permanent scarring or disfigurement, especially on the face
- Parents’ out-of-pocket medical costs
There’s no average settlement for a dog bite. The value depends on the injuries, the treatment, whether scars are permanent, how the attack affects the child’s daily life, and how much insurance is available.
Why Families Hire Our Firm
Dog bites to children can be complex. Because kids are shorter, their faces are often right at a dog’s level. Oral and maxillofacial surgeons report that children are more likely than adults to be bitten on the head, face, or neck, and more likely to need surgery in an operating room. A bite to the face can mean stitches, a plastic surgeon, and scars your child carries for years. That’s why these claims need more care than a typical Virginia personal injury case.
Here’s how a lawyer helps protect your child’s claim.
The insurance adjuster works for the insurance company. They may be friendly, and they may call quickly. Their job is to close the claim for as little as possible. A recorded statement or an early offer can lock you in before you know the full cost.
Future costs need to be counted. Scar revision may not happen for years. A lawyer can work with doctors to estimate those costs before anything is signed.
The “blame the child” argument needs an answer. A lawyer can push back using the rules above.
Someone has to gather the evidence. That includes the animal control report, any prior complaints about the dog, witness statements from that night, and the owner’s insurance policy limits. Evidence is easiest when collected as soon as possible.
Settling a child’s claim has extra steps. In Virginia, a settlement for a minor is typically approved by a court, which also decides how the money is held until the child is older. A lawyer handles that process for you.
And you don’t need money up front. Most dog bite lawyers, including our firm, work on a contingency fee. You pay no legal fees unless the case is won.
Talk to a Virginia Dog Bite Lawyer
For decades, the Law Offices of Richard J. Serpe, PC has helped dog bite victims across Virginia, including children with serious facial injuries. We know how hard it is when the dog belongs to a neighbor or someone you know.
Attorneys Richard Serpe and Ashley Strandjord can explain your family’s options. Contact us for a free consultation today. We don’t charge legal fees unless we win your case.
