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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 Claim inor dangerous just because it is a certain
Virginia for Injuries Due to a Dog Bite," webreed.
discussed some basic laws and other practical
issues such as how homeowner's or renter'sAs an example, the Fairfax County Code,
insurance protects dog owners in these typesstates "no dog shall be found to be a
of situations and provides compensation todangerous dog or vicious dog solely because
those  persons  who  are  hurt  by  dogs.it is a particular breed, nor is a particular
breed  of  dog  prohibited."
Now, I would like to provide you some more
specific information about the current stateAlso, the Prince William County Code has no
of the law surrounding dog bites and thingsper se rule, which labels a certain breed of
you need to know if you intend to pursue adog  to  be  dangerous.
claim for injuries sustained in a dog bite or
attack.Another frequently asked question is whether
the law will consider the dog owner to be at
As discussed in the last article, in order tofault for his dog's behavior if the dog is
successfully recover compensation (or money)running off the dog's property without any
for injuries due to a dog bite, you must showsort  of  restraint.
that the dog owner or custodian's behavior
was  negligent  or  unreasonable.The  answer  to  that  question  is  yes.
Many people often ask me whether certainMost local Virginia ordinances require dogs
breeds of dogs, like rottweillers or pitto be leashed when off their property and/or
bulls, are automatically considered dangerousto be maintained on their property by either
by the law and if such dogs bite or attacka  fence  or  some  other  obstruction.
are their owners or custodians automatically
negligent.Generally, the wording of these local
ordinances is that "no dog shall run
Surprisingly, the answer is no, even thoughunrestricted." The word "unrestricted" has
many animal experts feel that certain breedsbeen defined as meaning not under the control
of dogs are more dangerous or more viciousof the owner or his custodian either by
than  others.leash, cord, chain, electronic device or
primary enclosure when off the property of
According to a study recently completed bypremises  of  the  owner  or  custodian.
Merritt Clifton, editor of Animal People, Pit
Bulls, Rottweilers, Presa Canarios and theirIf an owner allows his dog to run
mixes are responsible for 74% of attacks as aunrestricted, then the owner or custodian is
whole  and  68% of the attacks upon children.negligent as a matter of law whether or not
the owner had knowledge that the dog had
In his study, Mr. Clifton states, "Pit Bullspreviously bitten someone or exhibited prior
and Rottweilers are dogs who not only must bedangerous  behavior.
handled with special precautions, but also
must be regulated with special requirementsThe law controlling dog bite/attack claims is
appropriate to the risk they may pose to thevery complex and I urge you to keep your eyes
public and other animals, if they are to beopen for the next installation in this
kept  at  all."series, which will hopefully continue to
educate about the law and how it may apply to
Despite the opinions of these experts, almostyou or someone you love who has been bitten
all local Virginia ordinances haveor otherwise injured by a dog.
specifically stated that a dog is not vicious



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