Can You Sue Someone if Their Dog Bites You?
Can You Sue Someone if Their Dog Bites You?
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Most of us love dogs. Their loyalty, energy, and constant presence make them part of the family.
But dogs are still animals. They act on instinct, not reasoning. You might know how your own dog behaves, but you can't predict how someone else's dog will react. And sometimes, they bite.
If you've been injured, you're probably wondering: Can you sue for a dog bite? It's a common question. Many people find themselves in the same position, unsure of what the law allows, what compensation they might be entitled to, and when a dog owner can be held legally responsible.
Here's what you need to know if a dog bite turns into something more serious.
Were you hurt in a dog bite attack? Smith Law Center can help you pursue the compensation you need. Call (757) 244-7000 or contact us online for a free consultation.
Do You Have a Case After a Dog Bite?
Your ability to sue for a dog bite often comes down to what the dog's owner knew and what they failed to do.
Virginia follows the "one-bite rule." That means a dog owner can be held liable if the dog had a known history of aggression, or if the owner should have known the dog posed a risk. A previous bite is the clearest warning sign, but it's not the only one.
Growling, lunging, or snapping can also show a pattern of dangerous behavior. Even if the dog had never bitten before, the owner might still be negligent if they violated leash laws, left a gate open, or ignored local containment rules.
Whether you can sue someone if their dog bites you depends on the facts: what the dog did before, how the owner handled it, and whether reasonable steps were taken to prevent the attack.
What If You're Accused of Provoking the Dog?
After a dog bite, the owner or their insurer might say you caused the incident. Maybe they claim you startled the dog, tried to pet it through a fence, reached for something it was guarding, or walked into a yard without permission. These defenses are common, especially when someone asks, Should I sue for a dog bite?
Even one percent of fault on your part can block your claim entirely. Virginia's contributory negligence rule leaves no room for error, and insurance companies know how to use that to their advantage.
That's why early documentation matters. Get medical care right away. If anyone saw what happened, ask for their contact information. Look for nearby cameras, doorbell footage, or physical evidence like torn clothing or blood on the ground.
The more you can show about how the bite actually occurred, the stronger your position will be if the owner tries to shift the blame. An attorney with experience in dog bite cases can help you compile this information and ensure that your rights are protected against unfair blame.
How Does Virginia Define a Dangerous Dog?
Once fault and blame are addressed, the next question that usually comes up is whether certain breeds are automatically considered dangerous. In Virginia, the answer is no. State law looks at behavior, not breed.
A dog is classified as "dangerous" if it has caused injury to a person or another animal. If the injury is serious or fatal, the dog may be declared "vicious." These designations are made by a court, not based on appearance or assumptions about breed.
When a dog is legally labeled dangerous, the owner has to follow strict rules. That includes registering the dog, maintaining liability insurance, keeping the dog confined, and posting visible warning signs.
Some counties and cities have additional rules, but they can't override the state's focus on individual behavior. A dog with no history of aggression, regardless of breed, won't face restrictions. A dog that has bitten or attacked, on the other hand, may trigger serious legal consequences, no matter the breed.
These details may come into play if the dog involved in your case had a prior incident or if the owner failed to comply with existing legal restrictions.
If the dog's owner says you caused the bite, or if the dog has a history the owner isn't admitting to, it's time to get legal help.
With over 75 years of experience, Smith Law Center knows how to investigate these claims, challenge false accusations, and hold dog owners accountable. Contact us at (757) 244-7000 for a free case review.
Which Owner Actions Can Lead to Liability in a Dog Bite Claim?
By the time a dog is declared dangerous or causes serious harm, the signs were usually there. Many bites happen because the owner ignored a risk, broke a rule, or didn't take basic precautions when they should have.
Here are some examples of behavior that may be considered negligent:
- Disregarding leash laws: Allowing a dog to roam freely in parks, neighborhoods, or other public areas where leash laws apply.
- Failing to secure property: Leaving gates unlocked, fences broken, or doors open when the dog has a history of escaping or showing aggression toward passersby.
- Letting the wrong person handle the dog: Handing off control to a child, elderly person, or someone physically unable to manage a large or reactive animal in public.
- Ignoring prior aggression: Failing to take precautions after the dog has snapped, lunged, or growled at people in the past.
- Allowing access to visitors: Letting a dog with a defensive or territorial history remain loose during gatherings, deliveries, or service appointments, even after promising the dog would be secured.
- Losing control due to distraction: Walking a dog that requires full attention while using a phone, talking to others, or otherwise failing to monitor the animal's behavior.
Each of these failures can lead directly to an attack. If the owner's negligence caused your injury, that negligence strengthens your claim and may entitle you to compensation.
What Damages Can You Recover in a Dog Bite Case?
If you sue for a dog bite, the law allows you to seek compensation that covers both financial costs and the personal impact of the attack.
Recoverable damages typically include:
- Medical treatment: Emergency room visits, stitches, rabies shots, antibiotics, surgery to repair damaged tissue, or procedures to reduce scarring.
- Lost income: Wages you couldn't earn because the injury kept you out of work during recovery.
- Pain and suffering: Physical pain, emotional distress, anxiety around dogs, nightmares, or other psychological effects caused by the attack.
- Scarring or disfigurement: Permanent marks on visible areas like the face, hands, or arms that affect your appearance and confidence.
- Future care: Ongoing treatment such as plastic surgery, counseling, physical therapy, or additional medical procedures needed months or years later.
Most dog bite cases don't have damage caps in Virginia. The compensation you receive depends on the severity of your injuries and how they've affected your life. In cases where the owner's behavior was particularly reckless or intentional, punitive damages may also apply, though the state limits these to $350,000.
Talk to a Dog Bite Attorney at Smith Law Center
If a dog attacked you and the owner refuses to take responsibility, you don't have to accept that outcome or wonder can you sue someone for a dog bite in this situation. Smith Law Center has represented injury victims for over 75 years and recovered more than $1 billion for clients statewide.
We handle cases where owners deny their dog was dangerous, where insurance companies claim you provoked the attack, and where victims face mounting bills with no clear path to recovery.
Call (757) 244-7000 or message us to schedule a free consultation.
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