Virginia Dog Bite Laws

Virginia Code, Title 3.2, Section 6540, et seq.

Plaintiffs may present evidence that the owner knew or should have known that their dog was dangerous, such as testimony by someone who was previously bitten by the dog.

If this evidence is accepted as truthful, then the owner may be held liable for injuries to the plaintiff.

Even if the dog has never bitten or injured anyone before, a plaintiff may sue for damages if they're able to prove that the owners failed to use reasonable (or "due") care in controlling their dog(s).

For instance, someone who's bitten by a dog whose owner fails to follow an applicable leash law may sue under the legal theory of "negligence per se." In other words, the very fact that they failed to use a leash is considered negligent.

In Virginia law, the term "dangerous dog" means:

1. A dog that has bitten, attacked, or caused injury to a companion animal (dog or cat); or
2. A dog that has bitten, attacked, or caused injury to a person.

A dog is not considered dangerous if:

• A veterinarian determines that the dog or cat hasn't suffered a "serious injury" as a result of the attack, both animals are owned by the same person, or the attack occurred on the property of the attacking dog's owner; or
• A peace officer or animal control officer determines that the injury inflicted on a human is a "single nip or bite resulting only in a scratch, abrasion, or other minor injury."

If a peace officer or animal control officer has reason to believe a dog is dangerous, they may apply for issuance of a summons requiring the owner to appear in court at a specified time.

The dog shall be confiscated and confined in order to protect the public until the case is adjudicated. If the dog is found to be dangerous, the court may order any of the following:

• Payment of restitution to a person injured or the owner of an animal injured or killed by the dog; and/or
• Payment of all reasonable expenses for caring and providing for the dog while in custody.

Owners of dogs determined to be dangerous must register their dog with the local animal control office within 30 days.

• Owner didn't know the dog might bite;
• The injured person was at least partially at fault for their injuries (thus barring recovery);
• The injured person was trespassing; or
• The injured person provoked the dog.

2 years (Virginia Civil Statute of Limitations) for personal injury claims and 5 years for injury to personal property.