Dogs are often called “man’s best friend,” but sometimes, that friendship can take a painful and even legally complicated turn. While many dogs are loving and friendly companions, some can exhibit aggressive behavior, leading to unfortunate incidents like dog attacks. These situations can result in severe injuries and complex legal matters. In this blog, we will explore the legal aspects of dog attacks and offer guidance for those who find themselves in this unfortunate situation.
The Legal Framework:
Dog attacks fall under personal injury law, and the legal framework can vary by jurisdiction. Typically, dog owners are held responsible for the actions of their pets. The key legal principles often include:
Strict Liability: In many states, dog owners are held strictly liable for injuries caused by their dogs, regardless of the dog’s past behavior or the owner’s knowledge of its aggressiveness. This means that the victim doesn’t need to prove negligence on the part of the dog owner to claim damages.
Negligence: In some cases, the victim may need to demonstrate that the dog owner was negligent in controlling their pet or preventing the attack. This might involve proving that the owner knew the dog had a history of aggressive behavior and did not take appropriate precautions.
One-Bite Rule: A few states still follow the “one-bite” rule, where a dog owner is not held liable for the first incident in which their dog injures someone. Subsequent attacks may lead to liability.
Injury and Compensation:
Victims of dog attacks can suffer a wide range of injuries, both physical and emotional. These may include:
Bites and lacerations: Dog bites can cause severe tissue damage and may require surgery, stitches, or even reconstructive procedures.
Emotional trauma: The emotional impact of a dog attack can be long-lasting, leading to post-traumatic stress disorder (PTSD), anxiety, and depression.
Infections: Dog bites can introduce bacteria into the victim’s body, potentially leading to infections that may require medical treatment.
Scarring and disfigurement: Serious dog attacks can result in permanent scarring, which may necessitate cosmetic surgery.
To pursue compensation for these damages, victims often need to:
Seek medical attention promptly and document their injuries.
Collect evidence, such as photographs of the injuries, eyewitness statements, and medical records.
Consult with a personal injury attorney who specializes in dog attack cases.
Virginia’s “One Bite” Rule
Virginia adheres to the “one bite” rule, which means that a dog owner may be held liable for injuries caused by their dog if the owner was aware of the dog’s dangerous propensities or if the dog had previously bitten someone. The owner essentially gets one “free pass” for the dog’s first bite. After that, they are on notice of their dog’s aggressive tendencies and can be held liable for subsequent attacks.
Shared Negligence
Virginia follows a contributory negligence rule, which can affect the amount of compensation a dog attack victim is entitled to. If the victim’s actions contributed to the attack in any way, they may be barred from recovering damages. This is a crucial consideration, as it emphasizes the importance of proving the dog owner’s liability beyond a shadow of a doubt.
Statute of Limitations
In Virginia, there’s a two-year statute of limitations for personal injury claims, including dog bite cases. This means that a victim has two years from the date of the attack to file a lawsuit. After this period, their claim may be time-barred.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Dog Bite Attorney
To learn more about how our experienced Virginia Dog Bite Lawyer can help you, contact Hilton & Somer, LLC at 703-782-8671. All cases are handled on a contingency basis, meaning you pay no attorney fees unless we are successful in obtaining compensation for you. To arrange a free initial consultation to discuss your case, contact us toll-free at (703) 560-0700.
References:
“Dog Bite Prevention” by the American Veterinary Medical Association
