Virginia Dog Bite Laws

In a harrowing incident in 2017, a pit bull adopted from Forever Home Rescue and Rehabilitation Center attacked an elderly woman on the very day of adoption, causing her life-threatening injuries. The victim succumbed to the injuries the following morning. 

The seemingly playful and affectionate dog, as advertised by the rehabilitation center, had a troubled past and was actually on death row due to previous biting incidents. Virginia did not have any regulations in place with regard to importing out-of-state animals, leaving those that adopt potentially dangerous dogs unprotected.

This resulted in the passage of a Virginia law mandating that, as part of the adoption process, both public shelters and private rescues provide written disclosures of a dog’s bite history and the events related to each incident.

Virginia's approach to dog bite cases is multifaceted, addressing issues of liability, reporting, and the establishment of a Dangerous Dog Registry. This article aims to briefly discuss the responsibilities of dog owners, the criteria for classifying a dog as dangerous or vicious, and the potential legal consequences following an attack. 

Dog Owner Responsibilities in Virginia

According to Virginia law, an individual assumes the status of a dog owner if they possess a right of property in the animal, shelter or maintain it, have it in their care, or serve as its custodian. Additionally, dogs and cats are considered their owners’ personal properties and, as such, may be targets of theft or illegal trespassing.

While Virginia does not have a statewide law for barking dogs or noisy animals, most cities and counties have strict rules about them. For example, in Fairfax County, a dog owner might face complaints if their pet makes noises between 10 p.m. and 7 a.m. that can be heard in someone else's home with doors and windows closed. It is also against the law in the county if the noise is heard across property lines or through shared walls of private dwellings and lasts more than five consecutive or non-consecutive minutes in any 10-minute period.

Although leash laws differ among local governments across the state, generally, a dog owner could be held responsible for the harm their pet causes if they break the law and let their dogs run free. Richmond, for example, prohibits free roaming of dogs and requires that all dogs be kept on a leash if they are off their owners’ properties. 

Virginia has legislation that prohibits counties and cities from enacting breed-specific laws. This implies that a dog cannot be considered dangerous exclusively because of its breed. Moreover, no local law may be passed banning specific dog breeds.

Liability Standards in Virginia Dog Bite Cases

Virginia does not have a set dog bite statute in place. Instead, it enforces the "one-bite" rule, a legal theory that holds dog owners strictly liable for injuries caused by their dogs if they were aware of their pet’s potential threat. “Strictly liable” means that the owner is held legally accountable regardless of any precautions they may have taken as a responsible pet owner. 

Victims of dog attacks retain the right to seek compensation from the owner, even in cases where the dog has no prior history of causing harm. In Virginia, if the one-bite rule does not apply, proving owner negligence is necessary to establish liability for damages. Essentially, the injured party must prove that the owner did not take reasonable steps to restrain their dog, thereby directly contributing to the injury.

Alternatively, the injured party may argue that the owner's conduct amounts to negligence per se. Negligence per se can be established when the owner violates a law or local ordinance meant to protect the general public, resulting in harm.

Additionally, in Virginia, a dog bite victim who may have contributed to their injury in any way may be barred from recovering compensation. This doctrine is called contributory negligence. This applies to trespassing dog bite victims. Even if the victim did not provoke the dog, the owner could claim the trespasser was negligent in entering the property without permission. The owner may also claim that the dog bite incident would not have occurred if the trespasser had not entered. 

Statute of Limitations in Virginia for Dog Bite Cases

In general, the statute of limitations in Virginia is two years for personal injury claims, including those that involve dog bites. Thus, an individual who has been injured in a dog attack typically has two years from the date of the incident to launch a personal injury claim to seek compensation. Failure to meet this deadline may cause the lawsuit to be dismissed entirely. 

Thus, it may be in a victim’s best interest to seek the assistance of an experienced dog bite attorney in Virginia to help with the claim.

Civil Penalties for Dog Bites in Virginia

When a dog attacks a person or another pet, Virginia courts can classify it as “dangerous” or “vicious,” which has serious ramifications for both the dog and the owner. 

The court deems a dog dangerous if it has caused the death or serious injury of another pet dog or cat, or if it has directly caused serious injuries to a person. 

Strict requirements apply to dangerous dog owners, including obtaining liability insurance for their dogs, spaying or neutering, microchipping, and using special tags that identify their dogs as dangerous. The owner must also keep them in secure confinement within their property, muzzle and leash them when off the property, put up warning signs, and report address changes when necessary. 

Virginia also requires the annual registration of dangerous dogs, which involves animal control inspections. Failure to comply with these regulations can result in impoundment, more court hearings, and the permanent removal of the dog. 

For vicious dogs, which is a more severe classification, the law mandates euthanasia, and restitution may be ordered to compensate victims. A dog can be classified as “vicious” if it has caused a fatality, inflicted serious injuries, or continued to demonstrate dangerous behavior after being previously labeled dangerous. Additionally, potentially vicious dogs are confined at all times and kept away from the public.

Criminal Penalties for Dog Bites in Virginia

Two situations may result in a criminal conviction following a dog attack.

First, if a dog is already on Virginia's Dangerous Dog Registry, a subsequent attack may result in a criminal charge against the owner. Penalties may include imprisonment for up to one year and significant fines. This depends on the severity of the victim’s injuries. 

Second, any dog owner may be charged with a felony if their dog causes serious injury to someone, the owner's intentional actions directly caused the attack, and the owner's actions show a "reckless disregard for human life.” In cases where such egregious behavior is proven, the owner could be sentenced to 1–5 years in prison. 

Reporting and Handling Dog Bite Incidents

The actions a victim takes after a dog bite can directly impact the strength of their case and how much compensation they can recover. Here are five critical steps one must take after a dog bite:

1. Seek medical attention. Regardless of the severity of the injuries, it is crucial to seek medical care within 72 hours of the incident, as dog bites can progress to more serious conditions if not properly treated. Obtaining medical care also mitigates potential disputes with insurance companies regarding injury cause and severity.

2. Get the owner’s contact information, including their name and insurance information. This is important to be able to initiate a valid insurance claim. Collect contact information and statements from eyewitnesses, as their testimony can help establish the dog owner's liability.

3. Report the incident. Call animal control and, if necessary, the police. This allows the creation of an official record of the dog bite incident.

4. Collect evidence. Take photos of the dog, the scene, and the injuries as soon as possible. Preserve evidence, including damaged clothing or personal items, from the attack, as they may serve as proof during legal proceedings. Keep copies of medical records, bills, and receipts related to the incident.

5. Seek legal counsel. Dog bite victims are advised to contact a knowledgeable dog bite attorney for guidance and representation. A skilled attorney can assess the case, clarify rights, gather evidence, negotiate settlements with insurance companies, and, if necessary, file a lawsuit.

How To Find a Dog Bite Attorney in Virginia

Because Virginia does not have clear-cut rules on strict liability for dog bites, it can be difficult for a victim to pursue an injury claim on their own. Hiring an experienced dog bite attorney in Virginia, on the other hand, can help alleviate the stress associated with filing insurance claims. Attorneys can help collect and compile evidence, establish a compelling claim, and negotiate with insurance companies for fair compensation. When necessary, they can also represent clients in court.

Other Resources for Dog Bite Victims in Virginia

Virginia Dangerous Dog Registry

The Virginia Dangerous Dog Registry is a database maintained by the Commonwealth of Virginia that contains information about dogs classified as "dangerous" under Virginia law. This registry is accessible to the public and allows individuals to view a list of all dangerous dogs in a specific municipality or zip code, or search for a particular dog by its name, tag number, or owner’s address. 

Additionally, the website emphasizes transparency and accountability in the management of dogs with a history of aggressive behavior. This also serves as a tool for public awareness, enabling residents to be informed about potentially dangerous dogs in their area. 

Virginia Lawyer Referral Service

Established in 1977, the Virginia Lawyer Referral Service is designed to connect individuals in need of legal assistance with qualified attorneys. If someone is looking for legal representation but doesn't have a specific attorney in mind, they can contact the VLRS to be referred to an attorney based on their legal needs. By paying the $35.00 referral fee to the VLRS, the referred contact is granted a 30-minute consultation with a VLRS member in good standing. The half-hour consultation is available in person or over the phone. 

Good Samaritan Advocates

Good Samaritan Advocates is an organization of pro bono attorneys that is entirely funded by individual donations. Founded in 2006 by the law firm Gammon and Grange, this faith-based group provides free legal aid and related services to vulnerable and low-income Northern Virginia residents through its clinics. 

GSA offers a complimentary one-hour session during which it provides legal guidance, advice, and limited representation, in addition to prayer and counseling. Through these sessions, attorneys assist clients in understanding their rights, expound on legal concepts, offer guidance on negotiating a dispute, suggest courses of action to resolve legal issues, and prepare clients for self-representation.