Aggressive Virginia Dog Bite Attorney Will Help You Fight for Compensation in Hampton Roads
Dog, man’s best friend, has long been lauded as the ideal family companion. Unfortunately, however, some dog owners fail to properly train their dogs, abuse their dogs, and/or neglect their dogs. This breeds poor behavior among dogs that can and often does result in violence. Innocent bystanders or family members may find themselves victims of an unexpected dog attack — while walking through a neighborhood, visiting a friend’s home, or simply doing their job.
Every dog has an owner, and owners are responsible for their pets. At The Stellute Law Firm, our attorneys have spent the past 60 combined years in the courtroom, advocating for personal injury victims’ rights. We provide free initial consultations to all prospective clients.
To schedule an appointment, call The Stellute Law Firm at 757-722-2815.
What to Do After a Dog Attack
- Report the attack to your local Virginia animal control
- Locate the owner and determine if the dog is up-to-date on shots, especially the rabies vaccination
- Seek medical attention for the bite as soon as possible
- Once you’ve identified the owner, call an experienced dog bite lawyer
Second Attacks and Repeat Offenders
When a dog has attacked before, whether the prior incident was reported or simply known to neighbors and family, that history becomes central to a claim. Virginia’s framework for registering a “dangerous dog” exists precisely because repeat incidents are foreseeable once an owner has notice of aggressive behavior, and a second attack after a known first incident often makes for a much stronger case than a first-time bite with no prior history.
Vaccination and Quarantine Requirements
After a dog bite, Virginia law generally requires the dog to be quarantined and observed for a period of time (typically ten days) to rule out rabies, regardless of whether the dog’s vaccination is up to date. If the owner can’t produce proof of current rabies vaccination, this process becomes especially important for the victim’s own medical safety. Local animal control handles this quarantine process, which is part of why reporting the attack promptly matters even beyond building a legal claim.
Virginia Dog Bite Law
Unlike many other states, Virginia is not a strict liability state for dog bites. However, Virginia does hold dog owners responsible for dog bite injuries when either the owner has acted negligently or violated Virginia animal control ordinances.
Virginia law defines a “dangerous dog” as a dog that has either injured or attacked a human or other animal. In many jurisdictions, dogs that meet the definition of “dangerous dog” are euthanized after their first attack. However, Virginia allows dangerous dog owners to register their dogs and continue to keep them as pets. If the dangerous dog later attacks again, the dog owner can be convicted of a misdemeanor and face severe penalties in a dog bite personal injury claim.
Virginia separately defines a “vicious dog” as a dog that has killed, caused significant bodily injury, or continues to exhibit aggressive behavior. Virginia does not permit owners to own vicious dogs.
Dog Bite Claims
Virginia law allows dog bite victims to sue dog owners when the dog owner has either (1) acted negligently or (2) violated animal control ordinances. Dog owner negligence can be premised on a variety of different forms of carelessness — for instance, failing to latch a gate or keep a dog on a leash are two forms of negligence. Dog owners are required to prevent any foreseeable harm, and a plaintiff can prove the dog owner failed to prevent foreseeable harm by showing the dog had a propensity for aggression.
A dog owner is liable for personal injuries when animal control ordinances have been violated. For instance, if the dog owner possesses a vicious dog in violation of Virginia law, the dog owner will be liable if the plaintiff can prove the dog was in fact a vicious dog and the dog caused the injuries.
Types of Dog Bite Injuries
Dog attacks can cause a wide range of injuries, and severity often varies with the size of the dog and the location of the attack:
- Puncture wounds and deep lacerations requiring stitches or reconstructive surgery
- Scarring and permanent disfigurement, especially to the face, hands, and arms
- Nerve damage and loss of sensation or motor function
- Crush injuries to bones, particularly common in attacks by larger dogs
- Infection, including risk of rabies exposure if the dog’s vaccination status is unknown
- Psychological effects, including lasting anxiety around dogs, particularly in children
Multiple Dogs and Dog Pack Attacks
Attacks involving more than one dog present their own complications, since it can be difficult to determine which dog caused which injuries, and whether one or multiple owners bear responsibility. If the dogs belong to the same owner, that owner may be liable for the combined harm regardless of which specific dog caused which injury. If the dogs belong to different owners, each owner’s liability may need to be evaluated separately based on what they knew about their own animal’s behavior.
Delivery Workers, Guests, and Other Common Victims
Certain groups face elevated risk of dog attacks simply because of what brings them onto a property where a dog lives — mail carriers, delivery drivers, utility workers, and guests visiting a home for the first time are all common victims. Virginia law doesn’t treat these visitors differently from any other lawful visitor when it comes to a dog owner’s liability, but insurers sometimes try to argue that someone in these roles should have been more cautious. An attorney can push back on that framing when it isn’t supported by the facts.
Dog Bites Involving Children
Children are disproportionately affected by dog attacks, both because of their smaller size, which puts their face and neck at greater risk, and because they may not recognize warning signs of aggression the way an adult would. A dog bite to a child’s face can require years of follow-up reconstructive surgery as the child grows, and the psychological impact — a lasting fear of dogs, difficulty in situations involving animals — can be just as significant as the physical injury. Compensation in these cases should account for both the immediate medical treatment and this kind of long-term impact.
Gathering Evidence After a Dog Attack
A strong dog bite claim depends on documenting what happened as thoroughly as possible: photographs of your injuries and the location of the attack, contact information for any witnesses, animal control’s incident report, and records of any prior complaints about the dog if they exist. This last point matters especially given Virginia’s “one bite” framework, since evidence the owner knew or should have known about the dog’s aggressive tendencies is often central to establishing liability.
Who Can Be Held Liable
The dog’s owner is the most common defendant in a dog bite claim, but liability isn’t always limited to the owner alone. A landlord who knew about a dangerous dog on the property and failed to act, a dog-sitter or kennel that was negligent in supervision, or an employer whose employee’s dog attacked someone on business premises can all potentially share liability depending on the facts. Identifying every potentially responsible party — and every applicable insurance policy — is part of thoroughly investigating a dog bite claim.
How Insurance Companies Handle Dog Bite Claims
Most dog bite claims are paid through the owner’s homeowners or renters insurance policy, but that doesn’t mean the process is straightforward. Some insurers specifically exclude certain circumstances from coverage, and adjusters may try to minimize a claim by questioning the severity of the injury or shifting blame onto the victim. Because the insurer’s incentive is to pay as little as possible, having an attorney handle communication and negotiation on your behalf helps make sure your claim gets the serious consideration it deserves.
Common Defenses in Dog Bite Cases
Dog owners and their insurers often raise a handful of recurring defenses: that the victim provoked the dog, that the victim was trespassing at the time of the attack, or that the victim assumed the risk by approaching an unfamiliar animal. Provocation doesn’t have to be intentional to be raised as a defense — even an accidental step on a dog’s tail can be characterized this way. An experienced attorney can help gather the evidence needed to counter these arguments, such as witness accounts of what actually happened leading up to the attack.
What Compensation May Cover
Depending on the severity of the attack, a dog bite claim may allow you to recover:
- Past and future medical expenses, including reconstructive surgery
- Lost wages if the injury kept you from working
- Pain and suffering
- Costs associated with psychological treatment, particularly for child victims
Statute of Limitations
Under Virginia Code § 8.01-243(A), most dog bite injury claims must be filed within two years of the attack. Because homeowners insurance claims can also involve their own notice deadlines, it’s worth speaking with an attorney promptly rather than waiting.
Our Personal Injury Lawyers Are Prepared to Help You Bite Back
Dog owners need to be held accountable for their pets’ actions. If you have been attacked by a dog, it is not your responsibility to pay for your medical care or lost wages. The Stellute Law Firm has real courtroom experience litigating dog bite cases and is ready to guide you on how to proceed with any potential claims.
To schedule a case evaluation with one of our dog bite attorneys, call The Stellute Law Firm at 757-722-2815.
Frequently Asked Questions
Is Virginia a strict liability state for dog bites?
No. Virginia holds owners responsible when they acted negligently or violated an animal control ordinance — not automatically for every bite.
Can I sue if the dog had never bitten anyone before?
Potentially, yes — evidence of prior aggressive behavior (growling, snapping, lunging) or violation of a leash law can support a claim even without a prior bite.
What is a “dangerous dog” under Virginia law?
A dog that has injured or attacked a human or another animal. Virginia allows owners to register a dangerous dog and keep it, but a repeat attack can lead to misdemeanor charges and steeper liability.
Who pays for my medical bills after a dog bite?
Typically the dog owner’s homeowners or renters insurance policy, if the owner is found liable, though the specifics depend on the circumstances of the attack.
How long do I have to file a dog bite claim in Virginia?
Generally two years from the date of the attack under Virginia Code § 8.01-243(A).
If you or your child has been bitten or attacked by a dog, call The Stellute Law Firm today at 757-722-2815, or contact us online.