Scienter or Negligence: How Virginia Handles Dog Bites

By the FigureMyTax Editorial Team · How we calculate

Virginia is a one-bite state, and the name is misleading.

No strict-liability statute

A Virginia firm states that Virginia has no strict-liability dog bite statute and follows the common-law one-bite rule, so the owner is liable only if the owner knew or should have known the dog was dangerous. Some sites claim otherwise, but the statute they cite is a dangerous dog procedure, not a damages rule.

Not a free bite

Another summary says non-biting aggression can establish an owner's knowledge, citing a 1967 Supreme Court decision.

Negligence too

A separate negligence claim is possible, for example where the owner failed to use reasonable care in handling, restraint, supervision or confinement or violated a leash rule.

The dangerous dog hearing

Va. Code 3.2-6540 lets an officer seek a summons for a hearing in general district court. If the dog is found dangerous, the court may order the owner to pay restitution for actual damages to an injured person, and the order does not preclude civil remedies.

Deadline

Two years, under Va. Code 8.01-243.

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.