Virginia Dog Bite Lawyer

After being bitten, you should:

• Contact the police and animal control as soon as possible to report the dog bite.
• Take pictures of your injuries and the scene of the attack.
• Identify and get contact information from the dog owner, as well as any eyewitnesses.
• If you feel safe doing so, speak with the dog owner about the incident in a non-threatening way. Note if they say anything that indicates prior knowledge of a dog’s aggressive behavior—you may need it to prove the owner’s negligence.
• Seek medical treatment for your injuries as soon as possible. Don’t just wash out your wound with soap and water—go to a hospital. You need to get tested for serious infections and you also need to begin establishing medical records that can support any legal claim you choose to file.
• Contact a dog bite attorney as soon as possible to explore your legal options.

Also, do not wash or throw away any damaged clothing or other items. You may need them as evidence.

Yes, you should.

First, dog bite injuries are frequently more costly and severe than you realize. What seemed like a minor wound at first could lead to a serious infection and thousands in medical expenses. But if you don’t report the animal attack, it will be much harder to later link your injuries to a specific animal.

Second, even if you end up not being seriously hurt or not filing a claim, a dog that has attacked once is very likely to attack again. By reporting the bite, you help establish that the dog is, in fact, dangerous. Ideally, this will compel the owner to take better precautionary measures to ensure their animal can’t hurt anyone else. But if the dog does eventually cause a serious injury to someone else, your report could help ensure that the next victim gets the fair compensation they deserve.

As noted above, each dog owner is responsible to take reasonable, necessary precautions to ensure that their dog doesn’t harm anyone. In the vast majority of dog bite claims, the dog owner is the one liable.

To win a Virginia dog bite case, you will need to prove two things. First, that the pet owner acted negligently—in other words, they failed to take those reasonable precautions. And second, that negligence must be the cause of your injuries.

However, Virginia law provides several possible defenses for owners to avoid paying compensation for dog bite injuries caused by their animals. Two of the most common complicated factors in Virginia dog bite cases are the “one bite rule” and contributory negligence.

In some states, dog owners are strictly liable for dog attacks, regardless of whether or not the dog has any past history of acting aggressively.

However, Virginia courts usually follow the one bite rule. Under this rule, dogs are not automatically considered to be inherently dangerous animals, so a dog owner is not automatically considered liable just because their dog bit someone. To be held liable, the owner usually had to have prior knowledge of their dog’s violent tendencies and failed to take appropriate steps to prevent the attack.

If the dog that attacked you had no prior history of biting, aggression, or actions that might reasonably hurt someone (such as a tendency to run at and jump on people, even playfully), courts may determine the dog owner was not negligent.

That depends on the circumstances.

Although the one bite rule offers a lot of protection for dog owners, you may still have a case if you can demonstrate that the dog owner acted negligently, and your injury was a result of that negligence.

For example, Fairfax County (and many other Virginia communities) has strict leash requirements. If a dog is outside the owner’s property, they are almost always required to be on a leash (unless they are in a designated dog park, obedience class, or a service animal that cannot be leashed due to a disability).

If you are bitten by an unleased dog and none of these exceptions apply, the owner would generally be considered negligent even if the dog had no prior history of dangerous behavior.

Virginia is one of a few states that follow the contributory negligence doctrine. This means if the injured party is even 1% responsible for the incident, they cannot seek financial compensation.

It’s extremely common for dog owners and insurance companies to argue that the victim was at least partly responsible for the dog attack, and thus not entitled to recovery. For example, they might claim that you provoked the dog by teasing it.

A personal injury lawyer experienced in handling dog bite claims can help you gather the evidence you need to disprove false claims that you provoked the dog.

Just like any other personal injury claim, you can seek compensation for economic and non-economic losses, including:

• Medical expenses
• Lost wages
• Physical pain and suffering
• Emotional trauma
• Permanent injuries (such as scarring or disfigurement)

Don’t underestimate the long-term financial, physical, and emotional consequences of a vicious dog attack. It’s not unusual for Virginia dog bite settlements to reach tens or even hundreds of thousands of dollars if serious injuries are involved.

In most cases, the personal liability coverage portion of the dog owner’s homeowners insurance or renters insurance will pay your claim. The owner might have additional sources of coverage as well, such as an umbrella policy.

Suing the owner directly is also a potential option, if their insurance policy is insufficient to cover their injuries and they have enough personal assets to pay your claim.

You always have the option to represent yourself. And sometimes, it might even be the right choice! If your injuries aren’t that severe, you only missed a couple days of work, and liability is clear—for example, the dog was off leash in public or the dog owner openly admitted their dog was aggressive—you might be able to represent yourself.

However, claims can start to get really messy if severe injuries, disputes over liability, and stubborn insurance companies get involved. A personal injury lawyer will be a great resource to help you determine whether or not you have a case, investigate that case fully, calculate your future losses accurately, and fight to get you a fair settlement.

Either way, contacting BenGlassLaw for a free consultation is always a good choice. We value honesty and integrity above all else, and we only take cases if we think we can help. If, after your case review, we think you could get more money representing yourself, we’re happy to give you the free information and tools you need to go that route.