Can You Sue for a Dog Bite in Virginia?

Dog bites can have serious consequences, leading to physical injuries, emotional trauma, and financial burdens from medical bills. If you or someone you know has been bitten by a dog in Virginia, you might be wondering about your legal options.

Understanding Virginia’s Dog Bite Laws

Virginia follows a “one-bite rule” in its approach to dog bite cases. This rule stipulates that a dog owner may be held liable for a bite if the dog has a known history of aggressive behavior. Here’s a closer look at how this works:

1. One-Bite Rule: In Virginia, the “one-bite rule” means that a dog owner is generally not liable for a bite if the dog has never bitten anyone before or exhibited aggressive tendencies. However, if the dog has a prior history of aggression or has previously bitten someone, the owner can be held liable. The key factor is whether the owner was aware of the dog’s dangerous propensity.
2. Negligence Claims: Even if a dog has no prior history of aggression, a victim might still pursue a claim under a negligence theory. This would involve demonstrating that the dog owner was careless in handling or restraining their dog, and that this negligence led to the bite.
3. Strict Liability: While Virginia does not generally follow a strict liability rule for dog bites (where the owner is liable regardless of the dog’s past behavior), there are exceptions. For example, strict liability might apply if the bite occurred in a situation where the dog was unprovoked and the victim was lawfully on the property.

Steps to Take After a Virginia Dog Bite

If you’ve been bitten by a dog, it’s crucial to take specific steps to protect your health and legal rights:

1. Seek Medical Attention: Regardless of the severity of the bite, it’s essential to get medical attention. Some dog bites can lead to infections, and prompt treatment is necessary to prevent complications.
2. Report the Bite: Report the dog bite to local animal control authorities. This helps to ensure that the dog is assessed for potential rabies and other health concerns and can also provide evidence of the incident.
3. Consult with a Lawyer: Speak with a personal injury attorney who has experience with dog bite cases. They can provide guidance on whether you have a viable claim and help you navigate the legal process.

Filing a Virginia Dog Bite Claim

If the dog owner has liability insurance, such as homeowner’s insurance, you can file a claim with their insurance company. Provide them with all necessary documentation, including medical records, photos of injuries, and any evidence of lost wages if applicable. Insurance companies will typically investigate the claim and may offer a settlement.

Insurance companies often offer a settlement to resolve claims before they escalate to court. Negotiating a settlement can be beneficial as it may result in a quicker resolution and avoid the time and expense of a court trial. It’s advisable to consult with a Virginia dog bite attorney before accepting any settlement offer to ensure it adequately covers all your damages.

Pursuing a Virginia Dog Bite Lawsuit

If you decide to pursue a lawsuit, you’ll need to prove several key elements:

1. Owner’s Knowledge of Aggression: Show that the dog had a known history of aggression or that the owner should have reasonably anticipated the risk of a bite.
2. Negligence: Demonstrate that the owner was negligent in handling the dog, which contributed to the bite.
3. Causation: Establish that the owner’s actions or inactions directly led to the bite.
4. Damages: Prove that you suffered damages as a result of the bite, including medical expenses, lost wages, and pain and suffering.

Defenses in Dog Bite Cases

Dog owners may use various defenses in dog bite lawsuits, such as:

• Provocation: Arguing that the victim provoked the dog, which led to the bite.
• Trespassing: Claiming that the victim was unlawfully on the property, thereby absolving the owner of liability.
• Comparative Negligence: Suggesting that the victim’s own actions contributed to the incident.

Contact Our Virginia Dog Bite Lawyers

In Virginia, suing for a dog bite involves navigating a complex legal landscape shaped by the “one-bite rule” and negligence principles. If you’ve been bitten by a dog, it’s important to act promptly to seek medical care and consult with a Virginia dog bite attorney. By understanding your rights and the legal framework, you can better pursue compensation for your injuries and hold negligent dog owners accountable. Contact the Law Offices of Richard J. Serpe, PC for a free consultation.