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