Can I sue for a dog bite in Virginia?

The answer is yes, but it’s more complex than it sounds. Virginia follows something called the “one-bite rule.” This means that if a dog bites someone for the first time, the owner might not be automatically responsible unless they knew the dog was dangerous. So, if Fido, who’s always been friendly, suddenly bites someone, the owner might not be on the hook right away.

But don’t worry, that doesn’t mean you’re out of luck. A person can still file a claim or sue if they can show that the owner was negligent. Negligence here means the owner didn’t do enough to prevent the dog from biting someone. For example, if the owner knew the dog had bitten someone before, and they didn’t take steps to control the dog or warn others, that’s negligence.

Let’s say you’re walking down the street, and a neighbor’s dog, who’s known to be aggressive, runs out of their yard and bites you. In this case, you might have a good chance at filing a claim or lawsuit. The owner knew the dog was aggressive and didn’t keep it adequately contained. That’s negligence.

Now, it’s crucial to consider contributory negligence in Virginia. It’s a bit like saying, “If you played any part in getting bitten, you might not get compensation.” So, if you were doing something like taunting the dog or trespassing, it could affect your ability to file a claim or sue.

On the other hand, if you were lawfully on public property and got bitten without provoking the dog, you could have a stronger case. This is especially true if the dog is running at large when there is a leash law in place. 

Picture this: You’re on your morning walk around the neighborhood, but someone’s dog is roaming off-property, chases you, and bites you. That could be a case of negligence. The owner didn’t follow animal control laws, and you got hurt as a result.

Statute of Limitations (Deadlines)

Now, let’s talk about timing. In Virginia, you have two years from the date of the dog attack to file a lawsuit. If you wait too long, you might lose your chance to get compensation. Also, important evidence may be lost if you wait too long to hire a lawyer. So, it’s essential to act reasonably quickly if you’re thinking about taking legal action.

While Virginia doesn’t automatically hold dog owners responsible for the first bite, you can still sue for a dog bite if you can prove negligence. It’s about showing that the owner knew or should have known the dog’s aggressive behavior and didn’t take necessary precautions. And remember, be mindful of contributory negligence – if you played a part in the incident, it might affect your case.

Virginia Dog Bite Lawyer

If you find yourself in this situation in Virginia, it’s wise to reach out to an experienced dog bite lawyer like Richard Serpe. He understands the ins and outs of Virginia’s laws and has a track record of helping people get the compensation they deserve. So, if you’ve been bitten by a dog and are wondering about your legal options, contacting Richard Serpe could be a smart move. His expertise can guide you through the process and increase your chances of a fair resolution. Don’t hesitate to seek the help you need if you’ve been a victim of a dog bite in Virginia. Call or text anytime at 757-233-0009.