Dog Bite Defenses and Contributory Negligence

By the FigureMyTax Editorial Team · How we calculate

In Virginia, your own fault is the strongest defense an owner has.

Contributory negligence

A Virginia firm warns that a bite victim who is partly responsible can be barred from recovery, and another says even 1% fault can bar the claim.

What counts as fault

Provoking the dog, ignoring warnings or entering a restricted area can be argued as contributory negligence. The same exceptions apply as in other negligence cases, including last clear chance.

No knowledge

In a one-bite claim, the owner can argue it had no reason to know the dog was dangerous.

Child victims

A summary says Virginia presumes that a child under seven cannot be contributorily negligent; confirm with an attorney.

Insurance

Claims are often paid under the owner's homeowner's or renter's insurance, and a finding under Va. Code 3.2-6540 lets the court order the owner to pay restitution while leaving your civil claim intact. The deadline is two years.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Virginia's rules apply to your specific case with a licensed Virginia attorney.