How to Prove Negligence in a Dog Bite Case in Virginia

States treat dog bite claims differently. In some states, dog owners are strictly liable if their animal bites someone, meaning they must pay damages regardless of the dog’s history. Virginia does not apply this rule. Instead, Virginia generally follows the “one free bite” rule, meaning dog owners are typically liable only if they knew their dog was aggressive or if their own negligence caused the attack. Because these laws make it harder to pursue a claim, working with an experienced Arlington personal injury lawyer is critical.

At Monge & Associates, we know how to use local ordinances, like leash laws in Richmond or Arlington, to prove “negligence per se” and overcome the one-bite defense so you can recover the compensation you deserve.

How to Prove Negligence in a Dog Bite Case

The specific elements of a negligence claim are similar in dog bite cases and other personal injury claims. In general, to prove negligence, you must demonstrate:

• The dog owner had a duty of care: This means they had an obligation to keep you safe from basic harm. Dog owners have this obligation to the general public when bringing their dog into shared spaces like parks. They also have an obligation to anyone lawfully on their property. 
• The duty of care was breached. This means showing the dog owner acted carelessly in a way that put you at risk. You can show negligence by demonstrating no reasonable dog owner would have behaved the same way under the same circumstances. You can also show negligence by demonstrating a violation of a safety rule, such as leash laws. 
• Your injuries were the direct cause of the breach. You must show the dog owner’s failure to act with reasonable care was the direct cause of harm. For example, you can demonstrate that if the owner had leashed the dog, the dog would not have bitten you. 
• You suffered damages because of the breach. Dog attacks can be devastating both physically and mentally, so you may have extensive damages because of the animal attack.

Monge & Associates understands every element of a personal injury claim that you need to prove, and we’ve put together compelling cases showing how dogs caused harm to victims. We will start working with you to gather evidence from day one.

How are Dog Owners Negligent?

Dog owners can engage in many different kinds of unsafe or negligent behavior that puts you at risk. Some common examples of negligence include:

• Allowing a dog to run loose in public in violation of leash laws.
• Ignoring the fact that their dog was aggressive in the past and continuing to expose people to the animal
• Failing to properly confine the dog, such as leaving a gate open.
• Allowing for unsupervised or unsafe interactions. This could include, for example, introducing a dog known for resource guarding and aggression to a small child. 
• Ignoring warnings. If trainers or veterinarians expressly warn the dog’s owner that the animal is dangerous and they ignore this, this can be a clear sign of negligence. 

If a reasonably safe and reliable dog owner would have behaved differently, you can potentially take action based on the negligence of the owner of the dog that harmed you.

Because local ordinances vary widely across the state, a Richmond personal injury lawyer can identify whether the owner violated a specific city code, such as failing to properly confine their dog.

Gathering Evidence of Negligence in Dog Bite Cases

Monge & Associates works from day one to build a solid case, which means gathering as much evidence as possible. Some examples of the different kinds of evidence you may be able to collect and present include:

• Eyewitness statements: You could have neighbors, friends, or others who know of the dog’s history of aggression testify about past incidents. You can also have witnesses to the dog attack explain how the owner failed to prevent the incident from occurring.
• Photo and video documentation: If there is video from surveillance cameras, your own video you recorded on your phone, or video made by others present at the scene, make sure you preserve this footage so you can present it when fault is determined if there is a dispute. 
• Animal control and police reports: You should report the bite incident so the appropriate officials investigate. Details from the report shared by these officials that shed light on how the incident happened can be important when you pursue an injury claim.
• Expert witness testimony:  Experts may be able to testify about the dog’s behavior and to help prove a history of aggressive past behaviors. Experts can also testify about the extent of your losses, including the costs associated with your injury to date, as well as the lasting physical consequences of your injuries and any other treatments you may need in the future.
• Medical records and documentation of your pain: Monge & Associates will help you prove the severity of your injuries by obtaining medical records and helping you keep a pain diary showing how the bite-related injuries are impacting you. 

These are just some of the many types of evidence our team can work with you to collect to prove liability in a dog bite case. 

FAQs About Dog Bites in Virginia

Does Virginia have a statewide leash law?

No. Virginia does not have a statewide leash law. However, local municipalities like Richmond, Arlington, and Fairfax County have strict leash ordinances. If an owner violates these local codes, they can be held liable under “negligence per se.”

What is the “one free bite” rule?

Virginia’s “one bite rule” means a dog owner is not automatically liable for a first bite unless they knew or should have known the dog was dangerous (e.g., prior attacks, aggressive snarling). However, you can still recover if the owner was negligent.

How long do I have to file a dog bite lawsuit in Virginia?

Under Virginia Code § 8.01-243, you generally have exactly two years from the date of the dog bite to file a personal injury lawsuit. If you miss this deadline, you lose your right to pursue compensation.

Contact a Virginia Dog Bite Lawyer Today for Help

Under Virginia’s one-bite rule, proving liability requires deep legal knowledge and swift investigation. From gathering animal control reports to utilizing local leash ordinances to prove negligence per se, you need an aggressive legal team on your side. If you need a Roanoke personal injury lawyer or representation anywhere else in Virginia, Monge & Associates is here for you.

We have spent decades fighting for dog bite victims and have recovered over $1 Billion for our clients nationwide. We offer compassionate, client-first representation, and you owe no legal fees unless we win your case. Give us a call or contact us online today to schedule your free, no-obligation consultation.