To hold a dog owner liable for injuries in Virginia, the injured person must prove that the dog owner was negligent, and that their negligence instigated the incident. Negligence can be proven one of two ways. First, if the dog has previously bitten someone and the owner failed to take reasonable steps to prevent other bites. Second, in jurisdictions with a leash law, the dog owner is considered to be automatically negligent for violating the leash law.
The Fairfax County Leash Law
Fairfax County, Virginia does have a leash law. The code section can be found here.
Section 41.1-2-4. states:
“No dog shall run unrestricted, as defined in Section 41.1-1-1, in the County. Any person who is the owner of a dog found unrestricted in the County shall be in violation of this Section. This Section shall not apply to any person who uses a dog under his direct supervision while lawfully hunting, while engaged in a supervised formal obedience training class or show, during formally sanctioned field trials, while a dog is in an area owned, leased, controlled, or operated by Fairfax County designated by resolution of the Board of Supervisors as an off-leash dog exercise area, or while a dog is in an area owned, leased, controlled, or operated by the Fairfax County Park Authority and designated by resolution of the Fairfax County Park Authority as an off-leash or dog exercise area, or while a dog is in an area, leased, controlled, or operated by the Northern Virginia Regional Park Authority and designated by resolution of the Northern Virginia Regional Park Authority Board as an off-leash or dog exercise area, or if a dog is a service animal whose handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means). It is a violation of this Section for any owner of a dog to place such dog or allow it to be placed into custody of any person not physically capable of maintaining effective control of restricting such a dog.”
– Section 41.1-2-4. – Unrestricted dogs prohibited; leash law.
To sum it up, a dog may be off leash on its own property, but once off the property, the homeowner is legally responsible for the dog — unless the dog is in an obedience training class, is a service animal whose owner cannot place a harness or leash on the dog due to their disability, OR is at a dog park designated by the Northern Virginia Regional Park Authority Board.
Have You Been Bitten By A Dog in Fairfax County That Was Off Leash?
Unfortunately, dog bites and dog attacks happen. If you’ve found yourself on the receiving end of a dog bite in Fairfax County, especially when the dog was off its leash, you’re not alone. Dog bites can be a jarring experience, leaving physical and emotional scars.
Our team understands the complexities of dog bite situations, having worked for many clients with a wide range of injuries from K9s. We’re here to guide you through the legal maze and ensure your rights are protected. Our team will work with you to hold negligent owners accountable and get you the compensation you deserve so that you can focus on healing.
Do I Need a Lawyer for my Fairfax Dog Bite Case?
Regardless of the intensity of the bite, you and/or your loved one will most likely need to contact a personal injury lawyer to represent you for a dog bite case. Your lawyer will help you by finding all available insurance policies for your case and they will send the insurance company a notice of your claim. This is incredibly important because many dog owners fail to notify their insurance company of the incident, which can result in the insurance company denying you coverage later.
Having an experienced lawyer represent you earlier in the legal process can help you significantly, as you may not be able to find the dog owner’s homeowner’s insurance policy by yourself.
In previous Fairfax County dog bite cases, our lawyers have researched land records, sent FOIA requests, and used private investigative services to locate a homeowner or a renter’s liability policy.
Your personal injury lawyer should work with you and your doctors to build a case for the greatest dog bite settlement possible. The dog bite victim should prioritize their resulting medical care, and record the injury and its progress through photographs. The photographs can provide evidence for the degree of the wound, and also exhibit the intensity of scarring over time. It is usually necessary to have a plastic surgeon evaluate the wound if it is in a place that is easily visible.
How Do Insurance Companies Process Dog Bite Cases?
Dog bite injury settlements are evaluated similarly to auto accident cases because the types of damages available to the victim of a dog bite are the same. However, most of the time dog bites leave scarring, unlike auto accidents. In a typical dog bite settlement package, your personal injury lawyer is going to demand that you be compensated for:
- Pain, Suffering, Inconvenience
- Mental Anguish
- Scarring
- Medical Costs
- Future Medical Care for the Scar
- Lost Wages
Something to note is that, in dog bite cases, a majority of the victims are children. Because the child is often face-to-face with the dog, they tend to be bitten more in the face and in other areas which are noticeable. When a child injury case is settled in Virginia, the Court is often involved to approve any settlements. This is because a child under the age of 18 does not have the ability to legally consent to a settlement and release the claim.
How Do I Find The Best Dog Bite Lawyer Near Me?
When it comes to handling your dog bite case, experience matters. Having a team of seasoned personal injury attorneys and paralegals on your side brings a wealth of knowledge and expertise to the table. At BenGlassLaw, we understand the nuances of dog bite laws in Fairfax County and have a track record of success in handling similar cases. From gathering evidence to negotiating with insurance companies, we’ll be by your side every step of the way.
Don’t navigate the legal process alone – trust our experienced team to advocate for your rights and pursue the best possible outcome for your case.
I had a case for personal injury due to a dog bite. No one would take my case because they thought they wouldn’t get a good settlement out of it. BenGlassLaw took my case and fought to get me a great settlement. Melissa and Autumn were great about keeping me in the loop of communication so i was always aware what the status of the case was and if there were any delays. They also are very hospitable and go above and beyond to make their clients feel well taken care of.
Hana S
BGL ClientWhy BenGlassLaw For Your Dog Bite Case?
Our process is designed to make this as easy as possible for you and your loved ones so that you can focus on recovery. For every single personal injury case that our team takes on, we have three promises that we are always focused on (and they’re what sets us apart from other firms):
1. We find all the pots of insurance money that might be available to you and pull as much money as possible out of those pots.
We are great at finding insurance money. Our lawyers do a thorough examination of available insurance coverage by looking at: the driver, the owner of the car, family members, employers, your auto policy, and your health insurance. We leave no stone unturned to find every dollar that we can.
2. Help you keep as much of that money as possible.
Some health insurance plans are entitled to reimbursement at the end of injury cases. Some health insurance plans say that they are, even when they aren’t! We help you keep as much of your money as we can. If you do not have health insurance, we can often negotiate discounts with your medical providers.
3. Make this process as simple and easy for you as we can.
The auto insurance industry wants this process to be complicated. They want it to be difficult for you to understand who should pay, when they should pay, and how much they should pay. Our team of lawyers simplifies this whole process for you. After you hire us, we stop the insurance company from calling you and your only job is to get medical care and tell us where you got it. We take care of everything else.
