Getting bitten by an animal can be a traumatic experience. According to statistics published in the National Library of Medicine, animal bites account for about one percent of all emergency visits in the U.S. each year, with dog and cat bites being the most prevalent. Injuries can range from superficial bruising and cuts to disfiguring and even death.
If you or a loved one was bitten and injured by someone else’s dog, you may wonder if you have a legal claim against the dog owner. Our Virginia Beach dog bite lawyers can help thoroughly investigate the case and gather the evidence you need to determine whether you have a claim, increasing your odds of getting the compensation you deserve. The following is a brief overview of Virginia law concerning dog and other animal bites.
Virginia Law on Dog Attacks
Virginia has a “one-bite” rule, meaning that a dog owner is not liable the first time their dog attacks another person. The dog has to have bitten someone before or shown sufficiently aggressive behavior in the past, such as snarling or baring its teeth at visitors, in order to trigger liability.
It is only after the owner knew or should have known of the dog’s prior bites or aggressive tendencies before the law imposes liability for failing to take the appropriate precautions.
That being said, an animal owner who was not aware of their animal’s previous bites or aggressive tendencies may still be held liable if they were otherwise violating the law when the attack took place.
Let’s say, for example, that the owner did not already know that their dog was dangerous and they were walking the dog in public without a leash. You were walking as well when the dog came charging and attacked you unprovoked. The attacking dog was not secured or otherwise on a leash when it left its owner’s control and attacked you.
In such a case, even if the dog had not bitten in the past or shown previous aggressive tendencies, you may have a claim against the dog owner because the owner did not have the dog on a leash while in public.
Who Would I File My Claim With?
You may file a claim with the dog owner’s homeowner’s or renter’s insurance. Many policies include liability coverage for dog and other animal bites, even if they do not expressly use the word “dog” or “animal.” You will need to contact the insurance company, provide details about the incident, and submit medical bills to show your injuries.
How a Dog Bite Lawyer Can Help
It can be overwhelming to manage the legal requirements while trying to deal with the ramifications of an animal attack. You may also struggle to communicate with the dog owner or their insurance company. Perhaps the owner does not agree that their dog was aggressive and attempts to put the blame on you.
This is where our Virginia Beach dog bite lawyers can help. We have thorough knowledge of the state and local laws in Virginia and can help you gather the evidence you need to prove your claim. We can help file your claim with the dog owner’s homeowner’s or renter’s insurance, ensuring that all the necessary documentation and evidence are provided to support your claim and maximize your settlement.
We will help you add up all possible damages you may be able to recover, as we did for this client who suffered a serious injury from a dog bite and obtained a $1.5 million settlement.
Contact us today for a free initial consultation. We have offices in Virginia Beach, as well as in Hampton, Portsmouth, Norfolk, Chesapeake, Suffolk, and Kitty Hawk, North Carolina.