Millions of people are injured every year in dog-related accidents. Such injuries can cause considerable physical, emotional, and financial harm. Here’s what you need to know if you or a loved one is injured in a dog-related incident.
What are the Laws?
The Code of Virginia establishes clear liability in incidents involving dogs running at large or not in the proper control of their owners. Section § 3.2-6538 of the Code holds that “the governing body of any locality may prohibit the running at large of all or any category of dogs in all or any designated portions of such locality during such months as they may designate” and defines “running at large” as “roaming, running, or self-hunting off the property of its owner or custodian and not under its owner’s or custodian’s immediate control.” Thus, Virginia law empowers any locality (city or county) to implement these laws The two most broad categories of dog laws are leash laws and “at large” laws. These laws can vary from locality to locality. If you are curious about your city or county’s laws, try searching your locality’s name then ‘leash laws’ or ‘at large dog laws’
“At Large” Laws
At large is an important term in cases involving unleashed dogs. A dog is considered at large while roaming or running off the property of its owner or custodian and not under their immediate control.
Leash Laws:
Leash laws require dogs to be leashed or similarly restrained when away from an owner’s property. Some localities may have general leash laws, while others may have specific ones such as leash length specifications. Just as with “at large” laws, it is important to know your locality’s leash laws as a dog owner or when considering legal action. Violation of these laws can lead to legal consequences in the case of a resulting injury.
Dog-Related Injuries
Dog-related injuries due to not being fenced in or on a leash can occur in various ways and not just due to dog bites. Dogs may jump on or knock over a person or may attack someone walking a leached dog and cause the walker to become entwined in the leash and fall over or may in other ways inflict injury. These injuries can range from small scratches requiring disinfectant and a bandage to life-altering bone breaks or fractures requiring surgery.
What is a “Dangerous Dog”
The Virginia statute governing what is a dangerous dog is found at Virginia Code section 3.2-6540. A dog can be deemed a “dangerous dog” by a court if it seriously injures a person, or seriously injures or kills a companion animal that is a cat or dog. If a dog is determined to be dangerous, the owner will be required to fulfill several requirements including having the animal implanted with electronic identification, posting warnings outside of their residence, or possibly paying reparations if ordered to in court. In addition, the owner will be required to register their animal in the public Virginia Dangerous Dog Registry. (https://dd.vdacs.virginia.gov/Public/Index)
The One Bite Rule
Virginia follows a “one bite rule,” but that does not necessary mean that the dog must have bitten one prior time. Instead, a prior bite may not have happened, but the owner is liable if they knew or should have known that their animal might act in a harmful way. This can be shown through the dog’s behavioral history of aggression and the owner’s knowledge of such history. Complaints by neighbors or others, especially to animal control and other witness testimony can lend support to showing that a dog has an aggressive personality.
There are some exceptions to the rule which include:
- A medical professional determines the dog attack only caused the victim to suffer a minor scratch, abrasion, or other minor injury.
- The dog bite occurred in a lawful dog handling or dog hunting event.
- The person injured in the dog attack was committing a crime or trespassing on the dog owner’s property.
- The victim provoked or physically abused the dog.
- The dog was an on-duty law enforcement dog.
Addressing Dog-Related Injuries
Seek Medical Attention
Dog-related incidents can cause serious injuries. Even minor bites can pose risks such as infection. Before considering legal action, it is important to ensure your physical health and safety first.
Considering Your Case
There are several important elements to consider when determining if you have a case for a dog-related injury.
- Were leash laws broken?
- Were “At Large” laws broken?
- Can the one bite rule be shown and were any of the exceptions to the rule met?
- Did the dog owner exercise reasonable care to stop their dog from harming others?
Consult an Attorney
Whether you are sure or unsure of your case, an attorney is best suited to begin addressing it. At Quinn Law Centers, we have handled numerous dog-related injury cases from all across Virginia. If you or a loved one has been injured in a dog-related incident, contact us to schedule a consultation.