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