A dog attack can happen in seconds, but the aftermath lasts much longer. Between emergency room visits, follow-up treatments, and time off work, victims face mounting medical bills and lost income. Wounds from dog bits often get infected, which is another significant risk.
If the dog’s vaccination record is unknown, you may be faced with an expensive and painful course of rabies post-exposure injections. Even after you’ve recovered from your physical injuries, you may be left with a lasting fear of dogs.
If a dog has bitten you, you may ask: Can I sue if a dog bites me? You’re not alone. Many people across the state have the same concerns about how the law protects them, what compensation is available, and when an owner is held responsible.
Below, we answer common questions in dog bite cases and explain what every injured person in Virginia needs to know.
I Was Bitten, Unprovoked. Do I Have a Case?
In Virginia, you can sue if the dog owner was negligent. The owner is negligent if he or she knew the dog had aggressive tendencies and didn’t restrain the dog properly. The state generally follows what is known as the “one-bite rule.” That rule doesn’t give dogs a free pass to attack someone once.
The point of the “one-bite rule” is that the owner must have some prior knowledge that the dog is aggressive and prone to attack someone. Once the owner is put on notice, the owner has a duty to take reasonable precautions to prevent the dog from getting loose or attacking someone.
A prior bite is a clear example of aggressive behavior, hence the name “one-bite rule”, but other behavior, such as snapping, lunging, or acting aggressively towards other dogs, may also be sufficient to put the dog owner on notice. This law applies to all breeds; it does not single out specific breeds like pit bulls.
If your city or county has a leash law, then the dog owner can be found negligent for violating the leash law, even if the dog has never showed aggressive tendencies in the past. Even if it’s the first time the dog has bitten someone, the law still allows you to pursue a claim based on negligence for violating the leash law.
A lawsuit for a dog bite often involves situations like a loose dog in a neighborhood, an owner who disregarded leash laws, or a history of aggressive behavior that the owner ignored.
What If the Owner Says I Provoked the Dog?
Virginia follows pure contributory negligence, one of the strictest laws in the country. You can lose the right to recover compensation if you’re found even slightly at fault.
Owners and insurance companies sometimes argue that the victim provoked the dog. For example, if someone teased the dog, pulled its tail, or ignored clear warning signs to stay away, a court could decide the victim shares blame. Even stepping onto private property without permission can give the defense room to argue contributory negligence.
If the bite was unprovoked, it’s important to document exactly what happened and gather statements from anyone who saw the attack. The clearer your evidence, the harder it is for an insurer or owner to shift responsibility onto you.
What Kind of Compensation Is Available?
If you bring a claim for a dog bite in Virginia, the law allows you to seek compensation that covers both financial costs and the personal impact of the attack. Here’s what that typically includes:
- Medical treatment. Care might include an ER visit, stitches, rabies shots, or antibiotics. Some bites require surgery to repair muscle or reduce scarring.
- Lost income. You can claim your lost wages if the bite kept you from working.
- Pain and suffering. Many victims deal with anxiety, nightmares, or a new fear of dogs after an attack.
- Scarring or disfigurement. Scars on visible areas like the face, hands, or arms can affect you long after the wound has healed.
- Future care. Some people need plastic surgery, counseling, or therapy months or even years later.
Virginia does not generally place limits on how much you can recover for these damages. But, in rare cases, if the dog owner’s actions were especially reckless or malicious, the court may also award punitive damages, which state law caps at $350,000.
Will My Neighbor Have to Pay Me Personally?
A common worry after a dog bite is whether pursuing a claim means taking money directly from your neighbor. In most cases, it doesn’t.
Homeowner’s insurance usually covers dog bite injuries. If your neighbor rents, their renter’s insurance may provide the same coverage. That means the insurance company, not your neighbor, handles the claim and pays any settlement or judgment up to the policy limits.
So, can you sue your neighbor if their dog bites you? Yes, but the claim is usually resolved through insurance. Your neighbor’s role is to report the incident and cooperate with their insurer.
What If There Is No Insurance?
Not every dog owner has homeowner’s or renter’s insurance. And even when they do, coverage can be limited or excluded.
Some policies don’t cover certain breeds, and others end once a dog has been labeled “dangerous” under Virginia law. If your neighbor has no coverage at all, or if your medical bills and other damages go beyond the policy’s limits, the owner may be personally responsible.
In these situations, people often ask, “Can I still sue someone for their dog biting me if insurance will not step in?” The answer is yes, but it usually means pursuing a claim directly against the owner rather than through an insurance company.
How Much Time Do I Have to Bring a Lawsuit for a Dog Bite?
In Virginia, you have two years from the date of the bite to file a lawsuit. Missing that window usually means losing the chance to pursue compensation, no matter how severe the injuries are.
Time matters in these cases. The closer to the bite you act, the easier it is to show what happened and how it affected you. Medical records and bills document your treatment, and witnesses are more likely to remember the details while the event is fresh.
Filing earlier also gives your lawyer the time they need to investigate, deal with insurers, and prepare the claim well before the deadline.
Still Wondering, Should I Sue for a Dog Bite? Talk to a Lawyer Today
You’ve seen how Virginia handles dog bite cases: when an owner can be held responsible, what compensation may include, and how long you have to file. The next step is getting help with your own claim.
If you’re still deciding whether to sue for a dog bite, Merrick Brock PLLC can put decades of trial experience to work by reviewing your situation and explaining the options available to you. Call our Virginia dog bite attorneys today or contact us online for a free consultation.