Don't let a dog bite give you "paws", you might have "beagle" remedies!
- posted: May 31, 2023
- Personal Injury
If you were attacked by someone’s dog, you might be able to receive compensation from the
owner’s insurance company. A typical Virginia homeowner’s or renter’s policy will provide
coverage for the injuries caused by the dog, regardless of whether they took place on or off his
premises.
But before you can receive any compensation, you have to prove the owner was in fact negligent
in allowing the attack take place. There’re a few possible defenses that might be available to the
owner.
First, Virginia is a “contributory negligence” state, which means that if you contributed even
slightly to the incident (for example, provoked the dog in any way), you’re not entitled to any
recovery. This rule applies to all personal injury claims in Virginia.
Second, Virginia has co-called “one bite rule” when it comes to dog bite cases. It means the
owner has to know that his dog has dangerous or aggressive propensities in order to be held
responsible. Virginia law states that no dog shall be found to be dangerous solely because of its
particular breed. Usually, the dangerous propensities can be established by the evidence of prior
incidents. The exception to this rule is Negligence per se. If the owner was in violation of
Virginia Code or local ordinance while the attack took place (for example, the dog was not on a
leash as required), there is no need to show prior aggressive behavior.
After liability is established, you can be compensated for your damages that resulted from the
attack: medical bills, lost wages, pain and suffering and other damages.
If you were walking with your own pet at the time of the attack and your pet go injured or even
killed, you can recover economic damages. Virginia law considers pets to be your property, so
compensation for pet’s pain and suffering and/or emotional trauma are not allowed. Usually, you
will only be able to recover a fair market value of the pet and/or veterinary expenses.
If you think that you may have a potential "dog bite" case, please contact our office today for a free case evaluation!
Don't let a dog bite give you "paws", you might have "beagle" remedies!
- posted: May 31, 2023
- Personal Injury
If you were attacked by someone’s dog, you might be able to receive compensation from the
owner’s insurance company. A typical Virginia homeowner’s or renter’s policy will provide
coverage for the injuries caused by the dog, regardless of whether they took place on or off his
premises.
But before you can receive any compensation, you have to prove the owner was in fact negligent
in allowing the attack take place. There’re a few possible defenses that might be available to the
owner.
First, Virginia is a “contributory negligence” state, which means that if you contributed even
slightly to the incident (for example, provoked the dog in any way), you’re not entitled to any
recovery. This rule applies to all personal injury claims in Virginia.
Second, Virginia has co-called “one bite rule” when it comes to dog bite cases. It means the
owner has to know that his dog has dangerous or aggressive propensities in order to be held
responsible. Virginia law states that no dog shall be found to be dangerous solely because of its
particular breed. Usually, the dangerous propensities can be established by the evidence of prior
incidents. The exception to this rule is Negligence per se. If the owner was in violation of
Virginia Code or local ordinance while the attack took place (for example, the dog was not on a
leash as required), there is no need to show prior aggressive behavior.
After liability is established, you can be compensated for your damages that resulted from the
attack: medical bills, lost wages, pain and suffering and other damages.
If you were walking with your own pet at the time of the attack and your pet go injured or even
killed, you can recover economic damages. Virginia law considers pets to be your property, so
compensation for pet’s pain and suffering and/or emotional trauma are not allowed. Usually, you
will only be able to recover a fair market value of the pet and/or veterinary expenses.
If you think that you may have a potential "dog bite" case, please contact our office today for a free case evaluation!
