| In Virginia, in order to successfully prosecute a claim | | | | provisions governing animal ownership and behavior, |
| for injuries you (or a loved one) suffered as a result | | | | as well as other statutes prohibiting certain animal |
| of being bitten or otherwise attacked by a dog, the | | | | conduct. |
| law requires that you prove a number of items. | | | | Generally, these statutes or ordinances prohit a dog |
| However, before we get into the law of dog bite | | | | from running unrestricted (also known as "running at |
| claims, I believe the following information will be very | | | | large") or allowing the dog to be in the custody of |
| helpful: | | | | someone who can not control the animal. |
| Many folks who have been the victim of a dog bite | | | | In addition, these code provisions provide for |
| or attack don't want to pursue a claim for their | | | | definitions of "vicious" and "dangerous" dogs or |
| injuries because the person against whom they would | | | | animals and contain certain regulations that an owner |
| have to make the claim is a neighbor, friend or even | | | | must follow if a dog fits that definition. |
| family member. | | | | For years, the old adage "every dog has one bite," |
| Certainly, this could be an uncomfortable situation; | | | | commonly referred to as the "one bite rule," had |
| however, in the vast majority of cases, the dog | | | | been accepted as a general concept of the law |
| owner has insurance to protect him. | | | | governing the dog owner's liability. |
| A typical Virginia homeowner's or renter's policy will | | | | This rule meant that a dog owner had no liability for |
| provide insurance to the dog owner, whether the | | | | his animal's behavior until that dog had bitten |
| bite, attack or injurious conduct occurred on or off | | | | someone (or some animal) and the owner knew of |
| the premises of the owner. | | | | the "bad" behavior. |
| This means that the dog owner almost never pays | | | | This general concept has been modified to some |
| anything in these types of claims. | | | | extent by most all local jurisdictions' ordinances, as |
| Accordingly, please don't allow your claim to lapse | | | | well as by common law. |
| because you think your neighbor or friend will have | | | | Under the current state of the law, the facts of |
| to pay you out of their savings. | | | | primary importance are really: |
| People with dogs buy insurance because dogs hurt | | | | 1) what did the owner know about the animal's prior |
| people and that insurance protects them and | | | | behavior? and |
| compensates you for your injuries. | | | | 2) when did he know it? |
| Now that we have that out of the way, let's get | | | | For example, let's imagine a case in which a person is |
| into the law: | | | | hurt by a dog jumping on him as he entered another |
| In order to successfully prosecute your claim, the | | | | person's house. |
| first thing you must demonstrate is that the owner | | | | If the injured person can show that the dog owner |
| and/or custodian of the offending animal was | | | | custodian knew that his dog was prone to jumping |
| negligent. | | | | on people as they entered the house, then there is |
| Negligence is defined as the owner or custodian failing | | | | probably a good chance of proving that owner |
| to use ordinary care as a dog owner/handler or | | | | custodian was negligent in failing to properly restrain |
| acting in an unreasonable fashion. | | | | the dog before the other person came into the |
| Most all local Virginia jurisdictions have specific code | | | | house. |