Dog bites send thousands of people to emergency rooms every year, and a large share of them are children. In Virginia, whether the owner has to pay for the injury depends less on the bite itself than on what the owner knew about the dog before it happened.
Virginia’s “one bite” rule
Virginia follows the common-law rule often called the one-bite rule. An owner is liable for an injury caused by a dog if the owner knew, or should have known, that the animal had dangerous propensities. In practice that means the first bite is not automatically free — but the case usually turns on evidence that the dog had behaved aggressively before, or that the owner was negligent in controlling it.
Evidence of prior behaviour can come from neighbours, other bite reports, animal control records, social media posts and the owner’s own statements. Gathering it early is the difference between a claim that is taken seriously and one that is denied.
Negligence claims that do not need a prior bite
Separate from the one-bite rule, an owner can be liable for ordinary negligence. If a dog was running loose in violation of a local leash ordinance, if a gate was left open, or if the owner failed to control the animal in a public place, that can support a claim even without a history of biting. Virginia Beach and the surrounding Hampton Roads cities restrict dogs running at large, and the applicable ordinance is part of the case.
What you have to prove
- That the dog caused the injury
- Who owned or controlled the dog
- That the owner knew of the dog’s dangerous propensity, or was negligent in handling it
- The extent of the injury and the treatment it required
Who pays
Most dog bite claims are paid through the owner’s homeowner’s or renter’s insurance. Some policies exclude certain breeds or carry limits that are low relative to a serious facial injury. Where the owner has no insurance, or the injury is severe, other sources — an umbrella policy, a landlord who knew about the animal, or a commercial policy if the bite happened at a business — have to be identified.
Report the bite
Report the incident to Virginia Beach Animal Control and ask for the report number. A report creates a record of the dog, the owner and the circumstances, and it may establish whether the animal had a prior history. Get medical treatment the same day, photograph the wounds as they heal, and keep the clothing that was damaged or bloodied.
The deadline
Most Virginia personal injury claims, including dog bites, must be filed within two years under Va. Code § 8.01-243. Claims against a public entity require written notice much sooner. Virginia’s contributory negligence rule also applies, so anything you did that contributed to the incident can affect the claim.
What to do next
- Get medical care and follow the treatment plan, including rabies and infection precautions.
- Photograph the injuries, the dog and the location.
- Identify the owner and any witnesses.
- Report the bite to animal control.
- Do not give a recorded statement to the owner’s insurer.
- Have the case reviewed before treating the injury as closed.
Related: Virginia Beach personal injury · wrongful death claims
