Virginia Dog Bite Laws

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’re susceptible to their base instincts and capable of causing dog bite injuries.

Being a dog bite victim is frightening and traumatic. In the aftermath, you might be uncertain of your rights.

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?

Laws about dog attacks vary from state to state. So, it’s important for you to understand the Virginia dog bite laws and how they apply to your situation. In this article, we’ll examine who’s liable in a dog bite case, what Virginia considers to be a dangerous dog, possible defenses for a dog that’s bitten someone, and much more.

Dog Bite Liability and Negligence in Virginia

While most states use a doctrine of strict liability when it comes to dog bite incidents, Virginia does not. Strict liability means the dog’s owner is liable for damage inflicted by the dog and responsible for paying the dog bite victim’s medical bills.

Virginia legislates dog attacks with the one bite rule and negligence claims. Let’s look at each and see how they work together.

The One Bite Rule

For dog bite injuries, the one bite rule can allow a dog to have what amounts to a “free bite.” On the first bite, the dog’s owner is not exposed to liability for the dog bite victim’s medical bills. Under this rule, the owner usually isn’t responsible for a first dog bite because they had no previous knowledge of their dog’s aggressive behavior.

But the one bite rule isn’t 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’t take the same care as a reasonable person to keep their dog from attacking, the dog’s owner is liable.

An example of this is the case Butler v. Frieden (1967). 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.

Negligence

Dog bite victims in Virginia carry the burden of proof to prove that the dog’s owner’s negligence was responsible for the dog’s 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. 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.

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. 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.

If it sounds like recovering damages in Virginia as a dog bite victim is difficult, that’s because it certainly can be. To make sure you don’t make any critical errors, consider speaking with a dog bite attorney for legal advice.

Dangerous Dogs in Virginia

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 if it attacks, injures, or kills another cat or dog, or if it attacks, bites, or inflicts injuries on a person.

Certain conditions will prevent a dog from being classified as dangerous. When attacking another animal, the dog isn’t considered dangerous if one of the following applies:

• There is no serious injury to the other cat or dog
• The same person owns both animals
• The attack occurs on the dog owner’s property

When a dog attacks a person, the dog isn’t considered dangerous if a law-enforcement officer or animal control officer determines the injury from the canine only consists of a single bite or nip causing only an abrasion, scratch, or other minor injury.

In addition, a dog that attacks a person isn’t dangerous if the injured person was:

• Committing a crime on the owner’s property
• Willfully trespassing on private property
• Provoking, tormenting, or physically abusing the animal, or had a history of doing so
• Bitten because the dog was defending or protecting itself, its offspring, the dog’s owner, or the owner’s property

A dog also won’t be classified as dangerous if it’s part of a legal hunt, an organized and lawful dog handling event, or if the court rules that the dog isn’t a threat to the community.

Responsibilities When You Own a Dangerous Dog

If classified as a dangerous dog, the dog is added to Virginia’s Dangerous Dog Registry. The dog’s owner also has special responsibilities, which include:

• Registration as a dangerous dog for $150, plus a yearly reregistration fee of $85
• A special tag identifying the dog as dangerous, to be worn at all times
• Rabies vaccination
• Neutering or spaying
• The dog must be muzzled when not confined
• Warning signs posted on the owner’s property
• Microchipping the dog
• Liability insurance of at least $100,000

The dog’s owner faces a Class 1 misdemeanor for failing to follow any of the requirements.

Failure to keep a dangerous dog from attacking again leaves the dog’s owner facing criminal charges. The level of charges depends on the severity of the injury:

• Injury or death to a dog or cat: Class 2 misdemeanor
• Bites or causes a bodily injury to a human: Class 1 misdemeanor
• Causes serious bodily injury to a human: Class 6 felony

Even dangerous dogs are absolved of blame if the conditions listed above apply.

A dog that has killed a person, or caused serious injury before and attacks again, faces possible euthanization. This decision is appealable by the dog’s owner.

Having your dog labeled as dangerous isn’t a good thing. If you find yourself facing that possibility, it might be a good idea to speak with a Virginia dog bite lawyer to get the best defense possible for your canine companion.

Virginia Dog Bite Laws Overview

It would be wonderful if legal statutes were written in simple terms, but often that’s not the case. Deciphering the laws can be a chore. So, below is a summary of Virginia's dog bite laws in plain language, with links to applicable statutes.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Frequently Asked Questions About Virginia Dog Bite Laws

In case something about your unique dog bite case wasn’t covered above, helpful answers to common questions about Virginia Dog Bite laws are provided below. This article on animal attack resources provides useful links as well.

My neighbor’s dog nipped me. Do I have to report it?

In Virginia, all dog bites must be reported to the Virginia Department of Health. Fighting rabies is one of the reasons this is mandatory. Make sure you clean your wound properly and seek medical attention even if you think it’s minor. Dog mouths carry dangerous bacteria, so seeing a physician is the smart thing to do.

Does Virginia have a leash law?

Virginia doesn’t have a specific leash law on the books. But it’s illegal to let a dog run at large, which brings about the same effect.

The Commonwealth allows municipalities to implement restrictions. For example, in Richmond dogs must always be leashed on public property, even in a park.

My landlord said I can have a dog but not a pit bull. Is that legal?

Virginia has laws against breed-specific legislature, but there are loopholes. Municipalities are prohibited from banning breeds. But landlords are not under the same restriction. They can ban tenants from having certain breeds of dogs, or any dog at all.

As any dog from any breed or mixture of breeds is capable of biting, there is opposition to discrimination against certain breeds. As of 2024, the landlord exception is still in place.

Research the Law

• Virginia Code - FindLaw's hosted version of the Code of Virginia and Constitution
• Virginia Laws - FindLaw's summaries of select Virginia laws, including criminal, injury, employment, family, and small business laws

Virginia Dog Bites: Related Resources

• Animal Attack and Dog Bite Claim Resources
• Does the Type of Animal Affect a Bite Injury Case?
• Dog / Animal Bites: FAQ
• Virginia Dangerous Dog Registration Form

Need To File a Dog Bite Claim in Virginia? An Attorney Can Help

It’s not easy to be a dog bite victim at all. Virginia’s lack of strict liability for dog owners makes it more difficult for you to get your medical bills covered or be awarded damages from your dog bite injury. If you need help understanding Virginia’s dog bite laws and want a skilled advocate in your corner, speak with a Virginia dog bite lawyer specializing in personal injury cases. They can make sure you get the best outcome possible.

If your four-legged best friend is accused of a dog attack, it might be wise to connect with a personal injury lawyer with a history of defending against dog bites. They can help level the playing field and fight for your pup’s rights.