Dog Bite Lawyer Virginia Beach
Sherry has always loved dogs. She grew up with golden retrievers and fondly remembers playing ball with them in the front yard. As an adult, she never thought twice about greeting a friendly-looking dog on her morning jog.
But one day, that changed.
Sherry was jogging through her neighborhood when she spotted a neighbor with a medium-sized mixed breed running around on the street. The dog was not on a leash, but it seemed friendly enough. The owner smiled as Sherry approached, which made Sherry think the dog was friendly. Without provocation, the dog lunged, biting Sherry’s arm. It happened so quickly she didn’t have time to react. Bleeding and shocked, she cradled her arm as the owner babbled, “He’s never done that before!”
Sherry ended up in the emergency room. She had to get stitches on the wound and a shot. As she waited for the medical paperwork, she wondered, “How am I going to pay all these medical bills?” She thought the dog owner should be responsible for them.
If you ever find yourself in a situation like Sherry’s, call our Virginia Beach dog bite lawyers. At Shapiro, Washburn, & Sharp, we would be happy to review the facts of your situation and help you determine your next steps. Call us at 833-997-1774 for a free consultation.
Can the Dog Owner Be Held Liable?
Negligence occurs when someone fails to exercise reasonable care, resulting in harm to someone else. To prove negligence, the injured party generally must show:
- Duty of care: The person had a legal duty to act or refrain from acting in a certain way.
- Breach of duty: The person failed to uphold this duty.
- Causation: The breach of duty directly led to the injury.
- Damages: The victim suffered harm (like medical expenses, lost wages, and pain and suffering).
In the context of dog bites, the question of negligence usually comes down to whether the owner had reason to believe that their dog was dangerous. In this regard, Virginia’s common law (the body of law developed over many years) follows the so-called “One-Bite” Rule, which provides that a dog owner is generally not liable for their dog’s bite the first time the dog has bitten someone. The rationale is that it is not until this time that the dog owner has reason to believe that their dog was dangerous.
There are, however, other reasons that a dog owner could have to believe that their dog was dangerous. This could be based on many characteristics—not just whether the dog had previously bitten someone. Some examples include:
- The dog had a history of growling, snapping, or lunging at people.
- The dog showed aggressive behavior toward other animals.
- Neighbors had previously complained about the dog’s threatening behaviors.
- The owner was aware of prior incidents where the dog had tried to bite someone but was stopped before making contact.
This is why it is crucial to contact a personal injury attorney following a dog bite. In Sherry’s case, if her dog bite lawyer discovers that witnesses could testify as to the dog’s prior aggressive behaviors, or if the lawyer discovers the dog had bitten someone before, Sherry may be entitled to pursue a claim against the owner to recover her medical expenses.
What Is Negligence Per Se?
Negligence per se is a type of claim that may apply when someone violates a law and someone is hurt as a result. With such a claim, the victim only has to prove that the law was broken, that they were in the class of people the law was designed to protect, and that the injury resulted from the violation.
In the context of many dog bites, for example, Virginia Beach has leash laws requiring dogs to be under their owners’ control in public spaces. In Sherry’s case, because the dog was off the leash and not under control in a public location, the dog owner may have been violating the local leash law.
If the dog was not restrained as it was supposed to be under a local leash law, the dog owner could be held liable under a negligence per se theory even if the dog had never bitten anyone before or displayed any prior aggressive or threatening behavior.
Negligence per se claims are often more straightforward to pursue because you do not have to prove the dog’s prior aggressive behavior or bites, which often go unreported.
How Can a Dog Bite Attorney Help?
If you aren’t sure about whether you can file a dog bite injury claim, contact us at Shapiro, Washburn, & Sharp today. We are highly experienced in investigating cases like this, and know how to determine whether the owner had any knowledge of the dog’s aggressive behaviors, and if any state or local laws were violated.
We successfully represented a Virginia personal injury case involving a three-year-old girl who was severely hurt by an aggressive dog, establishing that the owner was negligent and helping to negotiate a $1.5 million settlement for our client.
We have offices in Virginia Beach, Portsmouth, Hampton, Norfolk, Chesapeake, Suffolk, and Kitty Hawk, North Carolina.