In Virginia, if a dog bites you and you develop an infection or otherwise become sick, you may recover damages from the dog's owner to compensate you for your pain and your medical care. But whether you can recover damages often depends on the dog.
Virginia's “One-Bite” Rule
Virginia, like some 15 other states, has what's often called a “one-bite rule” regarding a dog owner's liability for their dog's bites (or injuries caused by the dog). The one-bite rule generally protects the dog owner from liability for the dog's first bite but not for any subsequent bites.
The one-bite rule isn't absolute. If a dog owner has reason to know that their dog acts dangerously around other humans, the owner can be held liable even if the bite you suffered was the dog's first. The challenge is that if it is the dog's first bite, the injured party has the burden of proving that the dog's owner knew or should have known their dog was dangerous.
In addition, if the dog's owner failed to use reasonable care in controlling their dog – for example, if the dog is running freely in a town that has a leash law – it may be possible to prove that the owner was negligent in allowing the dog to run free and that it was the owner's negligence that led to your injuries.
Virginia's Dangerous Dogs Registry
Virginia maintains a registry of dogs that have been deemed to be dangerous under the law. There are specific requirements that apply to determining whether a dog must be registered as a Dangerous Dog. Once a dog has been found to be Dangerous, the owner must secure at least $100,000 in liability insurance covering animal bites. Owners of Dangerous Dogs that later attack and injure another person can be found guilty of a Class 1 misdemeanor.
In addition, a court can order the owner of a Dangerous Dog to pay restitution for damages to anyone injured by the dog. Those damages don't preclude the injured person from suing for additional compensation.
If You've Been Injured by a Dog Bite, Ackerman & Falcon Can Help
Don't assume that just because the dog's owner claims “it's the first time Fido's ever bitten anyone,” you can't recover compensation for your injuries, even if those injuries take the form of an infection from what seemed at the time to be a minor nip. Contact Ackerman & Falcon to discuss your situation, and let us help determine whether you may be entitled to compensation. We understand the laws and procedures that apply in dog bite liability cases in Virginia and are ready to pursue the compensation you're entitled to for your injuries and pain.
To learn more about how Ackerman & Falcon can help you if you've been injured by a dog, schedule a free consultation online or call us at (703) 288-1400.