Dog bite laws in Virginia: What you must know

An overview of bite laws in Virginia

Virginia is a "common law" state, which means that many of our laws are based on common law, or case law – essentially, the interpretations by judges and juries of the case law, which then becomes "the law", i.e. binding precedent. So not all of our laws governing dog bites come from the Code of Virginia.
The first thing to know about dog bites in Virginia is that there is no one specific statute in the Code of Virginia governing dog bites. There are some statutes governing negligence and the duties of dog owners, but each dog bite case will arise under a somewhat different set of facts, so there is no one-size-fits-all solution to a dog bite case, and no one statutory law that addresses dog bites in the way that the "one-bite" law does in some other states. A "one bite" law means that if a dog owner is on notice of his dog’s dangerous propensities, e.g., if the dog has previously bitten someone or has shown aggression, then he can be held liable for another dog bite. If the dog has not previously bitten someone, but the owner has no way of knowing that the dog may bite someone, then the owner will have a strong defense in a dog bite case. Virginia is not a "one bite" state , but this principle is somewhat similar.
A dog owner may also be held strictly liable if his dog injures someone due to the owner being negligent in some manner. It is not always the owner’s fault. Some dog breeds are naturally aggressive and attack without warning; some dogs are startled or provoked and bite in self-defense; occasionally, a dog is just vicious or wild. Just because the dog bit someone does not necessarily mean that the dog owner is at fault.
Many dog bite cases arise out of the law of premises liability. A dog owner can be held liable if the dog attacks a person who is on the owner’s property. But the other person does not have free license to go onto a person’s property, and if the dog is tied up or indicating by its actions that it is dangerous, a person may not have a right to approach the dog without putting himself in a position of danger.
Some people refer to the "lemons" that hang on the tree in the Botanical Garden in Alexandria, Virginia, as "lemons" because they are part of a vicious plant that birds and animals routinely step into to get the sticky sap onto their feet, which makes it more likely that they will step into the same trap again. Like these lemons, a vicious dog is like a vicious tree. It is just sitting there waiting for someone to walk up and get injured. A person who gets injured by a vicious dog can have a strong case for damages.

Strict liability or one bite laws

In Virginia, the legal principle applied to dog bite cases is strict liability. Under this theory, the injured plaintiff does not have to prove that the dog had a bad history (a "scienter" or "scientific" test). The "scienter test" is often referred to as the "one-bite rule," because in Virginia, the court case law explicitly sets out the definition of a "scientific" test as: "Actual notice of having bitten or injured some person previously, or of mischievous or dangerous disposition." Johnson v. Hunt, 50 va. 78; McCrary v. Heller, 139 ya. 8, 23; White v. Prescott, 44 va. 163; Meyer v. Woodward, 76 va. 524; Gilmor v. Gongaware, 87 va. 697, 13 S.E. 826. In short, in Virginia, if a dog bites someone, it does not matter whether the owner knew that the dog would bite a person.
In Virginia, dog owners are strictly liable for dog bite injuries even if they did not know the dog is vicious.

Liability and responsibility for dog owners

Many people are not aware of the fact that dog owners in Virginia have a legal duty to control their dogs or face liability for any resulting injuries. Even though animal laws are part of the general assembly ordinances enacted by the Virginia legislature, they vary based on local jurisdiction. As a result, it is important to contact a Virginia personal injury lawyer if you have been injured by a dog.
Generally, there are three statutes to consider. The first is the strict liability statute that states "the owner of any dog shall be liable in damages to the person injured or his property for the injury sustained by him, unless it is not proved that the dog was running at large, or was doing damage in the act of running at large, or that the injury was done in attempting to attack or worry livestock or fowl." (§ 3.2-6570)
Even with the strict liability statute, the plaintiff must prove that the defendant’s dog actually caused the injuries. Simply suffering a dog bite is not sufficient; the bite must result in an injury that is a measureable and verifiable damage. If the plaintiff wants to make a claim of negligence, the plaintiff must prove that the defendant’s actions did not meet the standard of care required of everyone. In a dog bite case, this requires that the plaintiff prove that the defendant did not keep the dog under the proper control.
The third statute is a variation on the strict liability statute. It provides animal control officers, animal wardens, and law-enforcement officers broad authority to shoot dogs if the officer believes a dog is a threat to humans. (§ 3.2-6538)
The criminal code provides further penalties and possible jail time for truly dangerous animals. An owner can in some cases be found guilty of a class 1 misdemeanor for permitting a dog to run at large. (§ 3.2-6538) Class 1 misdemeanors are the most serious misdemeanor offenses that include possible fines and penalties of up to $2,500 and twelve months in jail. Further, if a dog causes injury to a person or companion animal, the owner, harborer, or keeper of the animal shall be guilty of a class 1 misdemeanor. (§ 3.2-6556(D)) This means that an owner could be imprisoned for a year for serious injuries or murders caused by his or her dog.

Defenses in dog bite lawsuits

While dog owners often have strong defenses available in dog bite cases, especially in Virginia, not every case will end with the case being dismissed in the owner’s favor or with a finding of contributory negligence against the injured party. As earlier discussed, if you are bitten the first thing to do (after making sure you get medical attention) is to find out whether the dog is up to date with its shots for rabies, distemper and parvovirus. (And, if you’re not the one with a valid reason to be near the dog or dog owner, don’t go approaching the dog so you can find out about the dog’s shots!) In other words, try to make sure the dog does not come back positive for rabies and at least get a visual check up from someone that can identify distemper and parvovirus. In Virginia, if you are made sick by a dog who is not vaccinated, then the owner of the dog is liable under a statute on the subject. The most common defenses in dog bite cases are provocation and trespass.
Provocation involves an action that provokes a dog into biting an individual. For example, if a dog was carrying around a raw steak in its mouth and an injured party reached out to grab the steak, that could be provocation. Also, if a child is throwing things at the dog to provoke it, that is also provocation. A dog owner would be hard pressed to prove that the average person would throw things at the dog to provoke it over a raw steak placed at their feet. In other words, the average person wouldn’t be reaching out to grab the steak, so this is done assuming some fault or at least assumption of risk that you should have known doing this was going to likely hurt you.
Trespass involves a situation where the injured party is trespassing on someone else’s land and is bitten by a dog. For example, if a dog bites someone in the act of committing burglary, robbery, vandalism, etc., they would not be able to make a good case unless, of course, there is information that the dog owner objected to the trespassing. For instance, if you were to break into my house and get bitten by my dog, you would likely have a hard time in court overcoming this defense. Another example could include if you were in the backyard and almost over the fence and I warn you that the dog is loose and will attack, this most probably would give me a defense to a dog bite case. That is, unless you heard me say that and came back and it still attacked you.
There are some limitations to the trespass doctrine. The first is that it is strictly limited to the property owner’s property. If the dog had trespassed on to the injured party’s property, that party could claim that the trespassing dog was solely responsible for the bite. Likewise, if the injured party ignored "no trespassing" signs or warnings from an owner, this could be shown at trial.

What to do when bitten by a dog

The steps you take immediately after a dog bite can determine whether you get compensation or not. First, seek medical attention for your dog bite. This is the most important thing to do if you want peace of mind about your health. Even if you feel fine at first, it’s best to get checked out as soon as possible anyway. After that, you will go over some legal steps with your lawyer.
Keep documentation of all doctor’s visits. You will eventually need to show these to a judge. That’s why it’s a good idea to keep copies of reports from doctors, etc. You should also make sure that whatever facility you go to documents that this was a dog bite, not just an injury . If you don’t make it clear that it was a dog bite, the insurance company might not cover it. Dog bite cases don’t have to do with animals; they have to do with people and their injuries.
After you have visited the doctor, take a photo of the bite (or bites, if there are several). Get photos as soon as possible in case anything changes with the bite later. The sooner the better in terms of documenting the injury. It’s a good idea to use a scale measured with the photo (e.g. a quarter, a ruler, etc.). If you forget to take a photo immediately after the bite happens or talk to the doctor, try to take one as soon as you can. Also, get in touch with a lawyer about the dog bite.

How to sue for a dog bite

If you or someone you know has suffered a dog bite or dog attack in Virginia, you may be entitled to seek legal recourse against the negligent party. Here are the key steps in the process and what you could potentially receive in compensation.
A dog bite claim is a personal injury lawsuit, and may allow you to request compensation for medical bills, pain and suffering, long-term disability, emotional trauma and related losses. In some cases, you might also be able to receive punitive damages, which are extra monetary damages paid over and above compensatory damages as a form of punishment and deterrence.
The injured party has what is called a "cause of action" against the dog owner and/or the dog owner’s homeowner’s insurance policy (if the incident occurred at the victim’s home) or renter’s insurance policy (if the incident occurred at the victim’s rental residence) for the injuries or other losses incurred.
Virginia law gives a victim of a dog attack a two-year statute of limitations within which to file suit against the dog owner. This means that the victim can sue the dog owner or the owner’s homeowner’s insurer, as long as the filing of the legal action occurs within two years from the date when the dog bite or attack occurred.
Whether your case can be handled in court will depend on the facts of the matter, how severely you’ve been injured, whether the other party has homeowners’ or renters’ insurance, and other relevant details. Your attorney will advise you on what the best course of action is for your particular situation.

How to avoid getting bitten by a dog

For Dog Owners
The best way to reduce the risk of bites is to train your dog. Obey any laws, ordinances, or local requirements regarding dog licensing, vaccination, and leash use. Spay or neuter your dog to help prevent aggressive behavior. This is also important if you are a dog owner who permits your dog to roam in your neighborhood unsupervised.
Leash/Chain
A leash is a length of cord or rope attached to your dog’s collar. Your dog should be on a leash as much as possible outdoors. A chain is a length of metal links designed to secure your dog in place. It is not a substitute for a leash. A chain can hurt your dog’s neck if he or she runs or starts to get choked.
If you must leave your dog outside, it is best to secure him to a sturdy, fixed object so he cannot roam. Chains and "running" chords will not confine your dog.
Fencing
Fencing should be constructed in the same way as fencing for horses or livestock. Fencing should be:
Fencing may be temporary or portable for camping, traveling, or other activities. Electric fences alone are not a substitute for a physical fence.
Beyond physical confinement, it is always wise to train your dog to obey commands. The commands that may help to prevent bites include "heel," "come," "stay," "no," and "off."
For the General Public
In general, it is best not to approach unfamiliar dogs. When you are talking to a dog’s owner, ask before you pet their dog. Some owners will refuse permission even though they do not believe their dog will bite. Respect the owner’s wishes.
Some dogs tolerate petting but cannot tolerate rough or abusive treatment. If you want (or need) to pet a dog that you don’t know, be kind and gentle. Talk to the owner about the dog’s temperament so you can avoid doing something the dog will find objectionable.
Never try to grab or get between two dogs while they are fighting. You may get hurt in the process. If you see a dog fighting with your own dog, call him or her—don’t run or put yourself into the middle.

Resources and assistance for dog bite victims

Local organizations such as the Virginia Federation of Humane Societies and the Animal Welfare League of Virginia provide resources and advocacy for pet owners. The Virginia Department of Health offers a statewide rabies information website that can assist in determining whether a bite is high risk for rabies transmission . Victims should contact local health departments after contact with a dog with unknown rabies vaccination status to determine whether rabies post-exposure prophylaxis is necessary. Most victims are best served by working with a local lawyer specializing in personal injury and dog bite law. Such a lawyer will know the particular procedural requirements and state-specific laws relevant here in Virginia.