A Lawyer Told Me I Don't Have a Dog Bite Case Because of Virginia's "One-Bite Rule"

We get this call a lot.

Someone suffers serious injuries after being attacked by someone else’s dog. They contact an attorney to learn about their legal rights.

The attorney focuses on one question: Has the dog ever bitten anyone before?

When the answer is no, the attorney responds, “Virginia is a one-bite state. If the dog has never bitten anyone before, you don’t have a case.”

Then they call us for a second opinion.

Here’s what we tell them. No prior bite history does not automatically mean you don’t have a case. The “one-bite rule” is one of the most misunderstood concepts in Virginia personal injury law.

In fact, one of the most important dog bite cases in Virginia was a first-bite case, right here in Norfolk.

Where Virginia’s One-Bite Rule Comes From

In many states, dog owners are automatically held legally responsible when their dog bites someone. Virginia is different. Because Virginia does not have a strict liability dog bite statute, a dog owner is not automatically responsible simply because their dog caused an injury.

Virginia dog owners must take reasonable steps to prevent their dogs from hurting others. If an owner knew or should have known their dog was dangerous, they may be held responsible for an injury. A previous bite is one way to show the owner knew about the danger. That’s where the term “one-bite rule” comes from.

But a prior bite is only one way to prove it. And proving the owner knew the dog was dangerous is only one path to a claim.

The Owner Should Have Known, Even Without a Bite

The legal question isn’t “did this dog bite someone before?” It’s “did the owner have reason to know this dog might hurt someone?”

That notice can come from a lot of places besides a prior bite:

• The dog lunged, snapped, or chased people before
• Neighbors, mail carriers, or delivery drivers complained about it
• The dog had a history of getting loose or jumping the fence
• The owner warned visitors to stay back
• The dog attacked or injured another animal
• Animal control had been called about the dog before

An owner who knew their dog regularly charged the fence at people walking by can’t fairly claim they had no idea it might bite. Evidence like this often doesn’t show up until someone goes looking for it by talking to neighbors, pulling animal control records, and finding out what the owner already knew.

The Owner Broke a Leash or Control Law

This is the part many people, and some insurance adjusters, leave out.

Most Virginia cities and counties have ordinances requiring dogs to be leashed or under control when they’re off the owner’s property. State law gives localities the authority to pass these rules. When an owner violates one of these ordinances and someone gets hurt, Virginia courts can treat that violation as negligence in itself. Lawyers call this negligence per se.

The leading case is Butler v. Frieden, decided by the Supreme Court of Virginia in 1967. A four-year-old girl was attacked on a public sidewalk in Norfolk by an unleashed collie that was running loose. The owners argued they weren’t responsible because they had no reason to think the dog would bite.

The Court disagreed. It held that Norfolk’s ordinance against dogs running at large was meant to protect people from exactly this kind of harm, including bites. The ordinance itself set the standard of care the owners had to meet. Because they violated it, the dog’s lack of bite history didn’t save them. In the Court’s framing, under an ordinance like that, a dog is no longer entitled to its “one bite.”

In plain terms: if the dog was off-leash or running loose in violation of a local ordinance when it bit you, you may have a strong claim even if it had never shown a hint of aggression before.

Ordinary Carelessness

Even without a prior incident or an ordinance violation, a dog owner can be responsible if they simply didn’t use reasonable care under the circumstances. Leaving a gate open, handing a large dog’s leash to a child who can’t hold it, or bringing a dog into a crowded setting it can’t handle are the kinds of facts that can support a negligence claim.

Why You Might Have Been Turned Away

Most lawyers who turn down a dog bite case aren’t trying to mislead anyone. But Virginia dog bite law is a narrow area, and not every firm handles these cases regularly. A short intake call that stops at “any prior bites?” can miss everything else that matters:

• Was the dog off-leash or loose where a local ordinance required it to be controlled?
• Did the owner have other warnings, such as lunging, fence-charging, complaints, or an earlier attack on another animal?
• Has animal control been called about this dog before?
• Was there an open gate, a broken fence, or some other careless mistake?

None of those questions depend on a prior bite. If nobody asked them, your case may not have gotten a full look. The same goes for the owner’s insurance adjuster. If they’re the one telling you “no prior bite, no case,” remember whose side they’re on.

What a Second Opinion From Us Looks Like

When someone calls us after being turned down, we don’t start with the bite history. We start with what happened. Then we look at the local laws where the bite happened and whether animal control has a file on the dog.

Sometimes the honest answer is still that the case is hard. Contributory negligence, trespassing, or provocation can be real problems, and we’ll tell you if we see them. But a lot of people who were told “no” never had anyone look past the first question.

A second opinion costs you nothing, and it doesn’t commit you to anything.

Contact Serpe Firm for A Free Consultation

If you or a loved one was injured by a dog in Virginia, don’t assume you have no case simply because the dog has never bitten anyone before.

At the Law Offices of Richard J. Serpe, PC, we have extensive experience handling dog bite injury claims throughout Virginia. We know what questions to ask, what evidence to look for, and how to determine whether a dog owner may be held responsible.

Set up a free, no-obligation consultation. Call us at 757-233-0009, use our dog bite chat, or send us an email.