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If You Have Been Bitten or Attacked by a Dog in Virginia, Then You Need to Read This Article

In my last article, "How to Make a Claimnot vicious or dangerous just because it
in Virginia for Injuries Due to a Dogis a certain breed.
Bite," we discussed some basic laws andAs an example, the Fairfax County Code,
other practical issues such as howstates "no dog shall be found to be a
homeowner's or renter's insurancedangerous dog or vicious dog solely
protects dog owners in these types ofbecause it is a particular breed, nor is
situations and provides compensation toa particular breed of dog prohibited."
those persons who are hurt by dogs.Also, the Prince William County Code has
Now, I would like to provide you someno per se rule, which labels a certain
more specific information about thebreed of dog to be dangerous.
current state of the law surrounding dogAnother frequently asked question is
bites and things you need to know if youwhether the law will consider the dog
intend to pursue a claim for injuriesowner to be at fault for his dog's
sustained in a dog bite or attack.behavior if the dog is running off the
As discussed in the last article, indog's property without any sort of
order to successfully recoverrestraint.
compensation (or money) for injuries dueThe answer to that question is yes.
to a dog bite, you must show that theMost local Virginia ordinances require
dog owner or custodian's behavior wasdogs to be leashed when off their
negligent or unreasonable.property and/or to be maintained on
Many people often ask me whether certaintheir property by either a fence or some
breeds of dogs, like rottweillers or pitother obstruction.
bulls, are automatically consideredGenerally, the wording of these local
dangerous by the law and if such dogsordinances is that "no dog shall run
bite or attack are their owners orunrestricted." The word "unrestricted"
custodians automatically negligent.has been defined as meaning not under
Surprisingly, the answer is no, eventhe control of the owner or his
though many animal experts feel thatcustodian either by leash, cord, chain,
certain breeds of dogs are moreelectronic device or primary enclosure
dangerous or more vicious than others.when off the property of premises of the
According to a study recently completedowner or custodian.
by Merritt Clifton, editor of AnimalIf an owner allows his dog to run
People, Pit Bulls, Rottweilers, Presaunrestricted, then the owner or
Canarios and their mixes are responsiblecustodian is negligent as a matter of
for 74% of attacks as a whole and 68% oflaw whether or not the owner had
the attacks upon children.knowledge that the dog had previously
In his study, Mr. Clifton states, "Pitbitten someone or exhibited prior
Bulls and Rottweilers are dogs who notdangerous behavior.
only must be handled with specialThe law controlling dog bite/attack
precautions, but also must be regulatedclaims is very complex and I urge you to
with special requirements appropriate tokeep your eyes open for the next
the risk they may pose to the public andinstallation in this series, which will
other animals, if they are to be kept athopefully continue to educate about the
all."law and how it may apply to you or
Despite the opinions of these experts,someone you love who has been bitten or
almost all local Virginia ordinancesotherwise injured by a dog.
have specifically stated that a dog is



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