The “one bite rule” is a legal principle that exists in some form in most states across the U.S. regarding dog bites and a dog owner’s liability. The general idea behind the one bite rule is that a dog gets “one free bite” before its owner can be held liable for damages. After that first bite, the owner is considered to have knowledge that their dog may have dangerous tendencies. Virginia has its own version of the one bite rule that differs in some aspects from other states. Here’s what you need to know about Virginia’s one bite rule:
What Exactly is Virginia’s One Bite Rule?
Virginia law states that no dog owner is liable for injuries to another person who is bitten unless the dog’s owner knew or should have known that their dog had vicious tendencies. This means that in Virginia, dog owners are not automatically liable the first time their dog bites someone. An injured person must prove that the owner knew the dog could potentially bite prior to the incident.
Some key points about Virginia’s one bite rule:
- It provides a defense for dog owners against liability if they were unaware of any aggressive tendencies before a first bite occurs.
- After an initial bite, the owner is presumed to be on notice that the dog may bite again, destroying the one bite defense for subsequent incidents.
- The rule applies regardless of breed – it does not target specific breeds like pit bulls.
- Whether the owner should have known their dog had vicious propensities is determined on a case-by-case basis.
What Factors Are Considered in One Bite Cases?
When determining if a dog owner should have been aware their dog might bite someone, courts will look at the dog’s history and behaviors. Some factors considered include:
- Has the dog growled, snapped at, or bitten anyone previously? Even minor incidents can establish knowledge.
- What is the dog’s typical temperament and behavior? Is it generally docile or does it tend to act aggressively?
- Does the breed of the dog have tendencies associated with aggression or biting?
- Was the dog properly trained and socialized to avoid biting?
- Were there steps taken to restrain the dog, like fences, chains, or muzzles to prevent biting incidents?
- Did the owner purposefully or negligently provoke the dog prior to the bite?
Essentially, the court looks at what the average prudent dog owner would have known and done with that particular dog. Extensive proof is not required – usually testimony about previous negative behaviors can be enough to show vicious propensities were known.
What Happens If the Owner Should Have Known?
If it is determined that a dog owner should have been aware of their dog’s potential to bite, they lose the one bite rule defense. The injured person can hold them liable for damages like medical bills, lost wages, pain and suffering, and permanent scarring or disabilities through a personal injury lawsuit.
Additionally, Virginia law allows for criminal penalties for dog owners if their dog seriously injures or kills someone and they knew the dog had vicious tendencies. Potential criminal charges include involuntary manslaughter.
Consult an Attorney If You Have Been Bitten by a Dog in Virginia
Dog bite injuries often require extensive and expensive medical treatment. Monge & Associates provides free case evaluations to anyone injured by a dog bite in Virginia. With 32 offices in 19 states, including Virginia, Arizona, and Alabama, our personal injury lawyers can examine your situation and advise you on the best course of action to recover damages. Contact us today at (888) 477-0597 to learn more and schedule your free consultation.