At Munro Byrd, P.C., we adore our pets, especially our dogs. Our own dogs (Hamish and Rosie) are frequent visitors to the office. But we also understand that as owners, we have responsibilities to prevent risks they might pose to other people. As with other personal injury claims in Virginia, a plaintiff injured by a dog attack must prove negligence by the dog’s owner or custodian in order to recover. And that is not as simple as it sounds.
While it’s tempting to think that an owner has an absolute duty to prevent injuries caused by a dog, liability often turns on whether the owner had notice that the dog posed a risk to the public, the circumstances that caused the attack, and where the attack occurred. To bring a claim for injuries caused by a dog, we must first determine whether the dog’s owner breached any duties in permitting the behavior and opportunity that led to the attack.
We look both to common law (case law) duties, and statutory duties. Under the common law, a dog’s owner is not strictly liable for the dog’s behavior, even if it causes severe injuries, if the owner did not have some form of notice that the dog was a risk to others, and negligently fail to prevent a foreseeable harm. Virginia case law has long held that “the dog owner … [has] the common law duty of exercising ordinary care to protect persons from injuries that might be inflicted by his dog and [can be] subject to civil liability for breach of that duty.” Butler v. Frieden, 208 Va. 352, 355 (1967).
In certain towns, cities, or counties, local ordinances place duties on dog owners relating to leash usage (and preventing running at large) or other confinement or control of dogs. A breach of such a duty that causes an injury can be another source of liability, even without notice the dog is dangerous.
Virginia state statutes (Code sections 3.2–6540 and –6540.1) extend the common law duties to specific definitions. These laws define “dangerous dog” and “vicious dog,” and state that a dog owner’s notice of their dog previously inflicting injury is required for liability. This often means that we must investigate proof of a prior bite or aggression that signals the dog poses a risk. When a dog injures another person or animal, this puts the owner on notice of their dog’s dangerous or vicious propensity, creating a duty of care with respect to their dog’s actions in the future. This is sometimes colloquially referred to as the “one bite” rule. But when the dog owner does not know or have any provable reason to know the dog poses a hazard to others, they often have an argument that they are not liable for even a heinous attack, particularly if it is on their own property.
Munro Byrd, P.C. Attorneys Ben Byrd and Devon Munro have each recently secured large verdicts for clients injured by dog attacks.
In a recent bench trial for a client in Rockbridge County, Virginia on January 4, 2024, Ben secured a verdict of $285,000, plus costs. This arose from events in 2022, our client went to pick up her kids from a neighbor’s home in Rockbridge County. When she arrived, she found that the homeowners had failed to secure their dog. As our client approached the house, the dog charged our client and bit her on the right hand and right buttocks. The bites were severe and required extensive treatment at two different hospitals, orthopedic care, urgent care, home health and occupational therapy. She developed an infection and an abscess which required additional treatment. Our client underwent treatment for her wounds and other injuries for more than eight months.
Also in January 2024, Devon secured a verdict from the City of Salem Circuit Court for $250,000, plus costs. In that case, the plaintiff was walking her own dog when a neighbor negligently allowed her own dog to run loose, charge them, and attack the plaintiff’s small dog. The plaintiff, in attempting to help her own animal, was knocked down and fractured her hip, requiring replacement. Along with extensive therapy, she suffered about $125,000 in medical expenses.
If you have questions about a dog attack claim in Virginia, call us. We litigate such cases in Roanoke City and County, Montgomery County (Christiansburg, Blacksburg), Lynchburg, Abingdon, Martinsville, Rocky Mount, Wytheville, Bedford, Covington, Harrisonburg, Richmond, Charlottesville, Lexington, or Staunton. They practice in rural areas like Bath County, Campbell County, Giles County, Craig County, Smyth County, Alleghany County, Pulaski County, Franklin County, Campbell County, Carroll County, Patrick County, Floyd County, Stuart County, Pittsylvania County, Henry County, and Wythe County. They also frequently litigate in Virginia federal courts, including those divisions in Roanoke, Abingdon, Danville, Harrisonburg, Charlottesville, Alexandria, and Richmond.