It is said that a dog is a man’s best friend and statistically, over one-third of American households own at least one dog. Unfortunately, dog attacks are also quite common and can happen either inside the home of the dog owners or off their premises and the consequences of such attacks are often devastating to the victim.
Consequences of Dog Attacks:
Individuals who are injured by a dog can suffer physical, emotional, and financial damages which are often long-lasting. According to a study from the Center for Disease Control (CDC), approximately 4.5 million dog bites happen in the U.S. each year, and 800,000 of those bites result in medical care. In 2019, the population in the United States was approximately 328.2 million which means that a dog bites 1 in every 73 people. These are scary statistics! But scary becomes a lot less so when you are armed with the right information. It is therefore important to understand and know how the law stands with regards to dog bites in different jurisdictions.
The “One Bite Rule vs. the “Strict Liability Rule
The “one bite” rule states that, if the dog’s owner used reasonable care, the owner usually will not be held liable unless he or she knew that the dog might act aggressively or because the dog has bitten or injured once before.
The “strict liability” rule states that the owner of a dog is liable for any injury, death, or loss to a person or property caused by a dog running at large, and where the dog owner cannot prove that he neither knew nor should have known that his dog was vicious or dangerous.
Virginia’s “One Bite” Rule for Dog Injuries
Virginia follows the “one bite” rule for dog bite injuries. This rule holds that a dog’s owner is only liable for injuries if the owner knew that the dog was dangerous or had aggressive tendencies. It’s called the “one bite” rule because, in most cases, the evidence showed that the owner knew or should have known the dog was dangerous and there is evidence that the dog has already bitten at least one other person, such as testimony by someone who was previously bitten by the dog. A dog’s owner may also be found liable for damages, even if the dog has never bitten or injured anyone before, if the claimant is able to prove that the owner of the dog failed to use reasonable or due care in controlling his/her dog.
States that don’t follow the “one bite rule,” use the “strict liability rule:
Maryland for example, follows the Strict Liability Rule in accordance with Code of Maryland section 3-190 which states that the dog’s owner is responsible for damages caused by the dog’s behavior, even if the owner did not know the dog would act aggressively and even if the owner took reasonable care to prevent the dog from causing injuries.
Maryland law includes a rebuttable presumption that, if the dog has injured or killed someone in the past, the owner “knew or should have known” the dog was dangerous. In other words, if there is evidence that the dog has harmed someone before, the court will presume that the owner knew the dog was likely to harm someone again, unless the owner can demonstrate otherwise.
DC The One-Bite Rule
The District of Columbia Dangerous Dog Statutes, (§ 8-1901, et. seq) place restrictions on dogs that have bitten or attacked pets or people without provocation. If you were bitten by a dog in Washington, D.C., you can file a lawsuit against the dog’s owner regardless of whether the dog was at large at the time of the incident. You can do so under the one-bite rule.
Hilton & Somer, LLC: Dog Bite Attorneys Serving Virginia, Maryland, and Washington, D.C.
To learn more about how our experienced Dog Bite Lawyers can help you, contact Hilton & Somer, LLC at (703) 560-0700. All cases are handled on a contingency basis, meaning you pay no attorney fees unless we are successful in obtaining compensation for you. Schedule a free consultation today!
References:
https://www.avma.org/resources-tools/reports-statistics/us-pet-ownership-statistics
https://www.cdc.gov/mmwr/preview/mmwrhtml/00047723.htm
https://www.findlaw.com/state/virginia-law/virginia-dog-bite-laws.html
https://www.nolo.com/legal-encyclopedia/maryland-dog-bite-laws.html
