Virginia Dog-Bite Laws and Personal Injury Claims

Whether you're a dog owner, or you've been harmed by someone else's pet, it's important to understand how Virginia law applies to you and your situation. In this article we'll explain when owners are financially responsible for harm caused by their dogs, and when they might be charged with crimes. We'll also explain how owners can defend themselves and their pet. Understanding these rules can help you make the right decisions if you've been involved in a dog-bite incident.

Virginia Owners' Liability Under the "One-Bite" Rule

Unlike many other states, Virginia does not have a specific dog-bite statute covering exactly when owners are liable for harm caused by their pets. Instead, the state handles most dog-bite and dog-related injury cases according to the common law rules laid down in Virginia court cases over the years.

Virginia owners are subject to the state's "one bite" rule. Under this rule, a dog's owner may be held strictly liable for injuries caused by their dog if the owner knew—or should have known—that the dog might act aggressively against a person or pet.

Despite its name, the "one bite" rule does not apply only to dog bites. It also applies to other kinds of harm a dog might cause. For example, if the dog is known for jumping on people, then a someone who is injured when the dog jumps on and knocks them down may decide to seek damages from the dog's owner.

Virginia law doesn't have a specific rule for when an owner should know that their pet might be dangerous. Some state courts have said the animal must have attacked or hurt someone in the past. But at least one court has said that a previous attack isn't necessary, and that an owner can be put on notice if they've seen their dog show dangerous or aggressive tendencies.

(Crocker-Sanford v. Landrum, 40 Va. Cir. 282 (1996); Smith v. Simmons, 89 Va. Cir. 213 (2014); Burton v. Walmsley, 9 Va. Cir. 309 (1967).)

Negligence and “Negligence Per Se" in Virginia Dog-Bite Claims

A person harmed by a dog can still seek damages from the owner even if the dog has never injured a person before. To prove that a Virginia owner is liable for damages when the one-bite rule doesn’t apply, an injured person has to show that the dog owner was negligent—in other words, that the owner caused the injury by failing to use reasonable care to control their dog.

In some cases, the injured person might argue that the owner's behavior constituted negligence per se. An owner can be found negligent per se when:

• they violate a law or ordinance designed to protect the public, and
• that violation leads to a victim’s injuries.

For example, suppose that a pedestrian is walking in a park one day when he is bitten by a dog. The dog's owner was walking the dog in the park but did not have the dog on a leash, even though city ordinances require all dogs to be on leashes while they are in the park. Here, the injured pedestrian would have a good argument that the dog owner's failure to leash the dog was negligence per se, and that the owner should be therefore be held liable for damages related to the bite.

(Butler v. Frieden, 208 Va. 352 (1967).)

Rules for Owners of Dangerous and Vicious Dogs

In addition to its common law rules, Virginia has statutes that define when dogs can be declared dangerous or vicious. These laws also impose responsibilities on the owners of these animals.

Dangerous Dogs

A Virginia court can classify a dog as dangerous if it finds, beyond a reasonable doubt, that the animal has:

• killed or seriously injured a pet dog or cat, or
• directly caused serious injury to a person.

The owner of a dangerous dog can be ordered to pay restitution if their pet seriously harmed a person or animal. Owners of dangerous dogs are also required to comply with rules designed to protect the public from further attacks.

(Va. Code Ann. § 3.2-6540 (2024); Va. Code Ann. § 3.2-6540.01 (2024).)

Vicious Dogs

In Virginia, a dog can be classified as vicious only if a court determines that it has:

• killed someone
• seriously injured someone, or
• continued to engage in dangerous behavior after it’s already been classified as dangerous.

These findings must be made beyond a reasonable doubt. Because this behavior is so serious, state law requires the euthanization of vicious dogs.

Like with dangerous dogs, owners of vicious dogs can be ordered to pay restitution to victims.

(Va. Code Ann. § 3.2-6540.1 (2024).)

Defenses for a dog's behavior

Sometimes a dog's violent or threatening behavior can be excused because of the circumstances. Owners and their dogs cannot be punished if, for example, the dog was defending itself, defending its owner, or protecting its owner's property.

• was intentionally trespassing
• was committing a crime on the dog owner’s property
• was provoking or abusing the dog, or
• had a history of provoking or abusing the dog.

(Va. Code Ann. §§ 3.2-6540(K) and 3.2-6540.1(C) (2024).)

Criminal Penalties for Dog-Bite Injuries in Virginia

If a dog has seriously injured a person or a pet, and has been classified as "dangerous," then the animal will be placed on Virginia's Dangerous Dog Registry. If a dog listed on the registry causes more harm, potential criminal consequences for the owner include:

• conviction of a Class 2 misdemeanor if the dog "attacks and injured or kills" another person's cat or dog, and
• conviction of a Class 1 misdemeanor if the dog bites or attacks a human, causing injury.

(Va. Code § 3.2-6540.04 (2024).)

Owners can also be charged with misdemeanors for failing to follow Virginia's rules for registering and keeping dangerous dogs. (Va. Code Ann. § 3.2-6540.03 (2024).)

In addition, the owner of any dog can be convicted of a Class 6 felony if:

• their failure to properly control their dog is "so gross, wanton, and culpable as to show a reckless disregard for human life,” and
• the dog attacks and seriously injures someone as a direct result of the owner’s conduct.

(Va. Code § 3.2-6540.1 (2024).)

Criminal charges don't replace a victim's right to seek compensation through a civil lawsuit. Criminal charges are filed by local or state prosecutors, while civil lawsuits are filed by the injured person directly.

Defenses to a Virginia Dog-Bite Claim

In a civil lawsuit involving a dog-related injury in Virginia, contributory negligence can be a powerful defense. Contributory negligence means that the victim was partially at fault for the harm they suffered. Many states use contributory negligence to reduce a defendant's liability in proportion to the victim's responsibility. But Virginia's approach is harsher on plaintiffs--if the injured person is found to be even one percent responsible for their injuries, they are barred from recovering any damages at all. (Ponirakis v. Choi, 262 Va. 119 (2001).)

A victim could be partially responsible for their own injuries if, for example:

• they provoked the dog by teasing or hurting it, or
• they were trespassing on the dog owner's property when they were attacked.

Getting Help With Your Dog-Bite Case

If you've been injured by a dog, and have questions about your situation, you may want to consult an attorney with experience handling these kinds of cases. An attorney with experience with these kinds of cases can explain the law and help you decide how to proceed. Similarly, dog owners--especially owners whose dogs have been accused of hurting a person or another animal--should make sure they understand how Virginia's laws and regulations apply to them and their pet.