{"id":376942,"date":"2019-05-22T11:55:13","date_gmt":"2019-05-22T16:55:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-dog-bite-laws.html"},"modified":"2024-05-07T15:47:07","modified_gmt":"2024-05-07T20:47:07","slug":"virginia-dog-bite-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-dog-bite-laws.html","title":{"rendered":"Virginia Dog Bite Laws"},"content":{"rendered":"\n
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Virginia Dog Bite Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

For most people, dog encounters are happy experiences. It could be playing with the family pet or meeting a friendly pooch in a park. Sometimes, though, we get a harsh reminder that dogs are animals. They\u2019re susceptible to their base instincts and capable of causing dog bite injuries<\/a>.<\/p>\r\n

Being a dog bite victim is frightening and traumatic. In the aftermath, you might be uncertain of your rights.<\/p>\r\n

Being the owner of a dog accused of a dog bite injury is no picnic either. You worry about both your furry best friend and your potential liability under Virginia dog bite laws. What happens next?<\/a><\/p>\r\n

Laws about dog attacks vary from state to state<\/a>. So, it\u2019s important for you to understand the Virginia dog bite laws<\/a> and how they apply to your situation. In this article, we\u2019ll examine who\u2019s liable in a dog bite case, what Virginia considers to be a dangerous dog, possible defenses for a dog that\u2019s bitten someone, and much more.<\/p>\r\n

Dog Bite Liability and Negligence in Virginia<\/b><\/h2>\r\n

While most states use a doctrine of strict liability<\/a> when it comes to dog bite incidents, Virginia does not. Strict liability means the dog\u2019s owner is liable for damage inflicted by the dog and responsible for paying the dog bite victim\u2019s medical bills.<\/p>\r\n

Virginia legislates dog attacks with the one bite rule and negligence claims. Let\u2019s look at each and see how they work together.<\/p>\r\n

The One Bite Rule<\/b><\/h3>\r\n

For dog bite injuries, the one bite rule<\/a> can allow a dog to have what amounts to a \u201cfree bite.\u201d On the first bite, the dog\u2019s owner is not exposed to liability for the dog bite victim\u2019s medical bills. Under this rule, the owner usually isn\u2019t responsible for a first dog bite because they had no previous knowledge of their dog\u2019s aggressive behavior.<\/p>\r\n

But the one bite rule isn\u2019t an automatic get-out-of-jail-free card. If the dog bite victim can prove that the owner should have known their dog was a bite threat or that they didn\u2019t take the same care as a reasonable person<\/a> to keep their dog from attacking, the dog\u2019s owner is liable.<\/p>\r\n

An example of this is the case Butler v. Frieden (1967)<\/i>. A couple was found liable for damages after their unleashed dog bit a four-year-old girl on a public sidewalk, despite their dog having never bitten anyone before.<\/p>\r\n

Negligence<\/b><\/h3>\r\n

Dog bite victims in Virginia carry the burden of proof<\/a> to prove that the dog\u2019s owner\u2019s negligence was responsible for the dog\u2019s attack and their injuries. Dog owners have a duty of care to keep their dogs from attacking others. Violating that duty is the first step in proving negligence<\/a>. This could be something like not taking reasonable care by letting a dog run at large or not keeping the dog away from people in public places.<\/p>\r\n

Proving negligence can be difficult. So, make sure that after a dog bite incident you get contact information from both the dog owner and any witnesses. Further complicating any claim you file is that Virginia is a contributory negligence state<\/a>. This means that if the dog bite victim is found to be even 1% responsible for the dog bite incident, they can be barred from receiving any damages or compensation.<\/p>\r\n

If it sounds like recovering damages in Virginia as a dog bite victim is difficult, that\u2019s because it certainly can be. To make sure you don\u2019t make any critical errors, consider speaking with a dog bite attorney<\/a> for legal advice.<\/p>\r\n

Dangerous Dogs in Virginia<\/b><\/h2>\r\n

Virginia classifies a dog as dangerous if the authorities deem the dog as a threat to public health and safety. A canine faces dangerous dog classification<\/a> if it attacks, injures, or kills another cat or dog, or if it attacks, bites, or inflicts injuries on a person.<\/p>\r\n

Certain conditions will prevent a dog from being classified as dangerous. When attacking another animal, the dog isn\u2019t considered dangerous if one of the following applies:<\/p>\r\n