Legal Question in Criminal Law in Virginia

Re: Disfigured Child

It is notable that you don't say how bad the disfigurement or scarring was, nor do you describe whether the dog has a history of biting or which person owned the dog. Were there stitches? You could attempt to get him charged with something, but I doubt this will go anywhere, nor do I think a claim against the owner of the house will be a viable case.

Re: Disfigured Child

Yes, you can sue the homeowners and reach their policy. Feel free to call our offices to discuss. I'm in the office this weekend: 267.639.3105.

Re: Disfigured Child

I am sorry to hear about this. It is incomprehensible that he did not get medical attention of some sort.

It will be easier and more effective to sue the owner of the bulldog, although that carries with it some challenges of its own.

For example, if this is the first time ever that the bulldog bit anyone (with a bulldog, that is improbable), then they might not be "negligent" with regard to the dog. There might be a question of failure to keep the dog tied up (check local laws, especially).

However, I think you can also sue your father (if you really want to), but bear in mind that you would be suing him (in terms of the amount and reason for the lawsuit) for any INCREASE in injury or FAILURE to heal caused by his neglect. That is DIFFERENT from the original injury from the dog.

Technically, most lawyers will sue everyone in sight. So if you ask "Should I sue X or Y?" the answer will be "YES!" You would probably sue both of them in the same lawsuit, and maybe others as well (I don't know.)

So you or your lawyer would have to demonstrate to what extent the injury was made worse or did not heal properly as a proximate cause (result) from your fathers' neglect.

I am not saying that will necessarily be hard. I am just making it clear that what you have to prove re: your father is a little different than what you have to prove re: the dog's owner. That would probably require bringing in your pediatrician as an expert witness.

NOTE: Technically you do not sue the insurance company of either the owner or your father. You sue them as individuals, and the insurance company comes along for the ride automatically.

Could you have him charged with neglect? Probably. However, no matter how you feel, I really doubt that will help. I will not put any money in your pocket or heal your daughter. If you feel strongly, I would STRONGLY prefer suing him to get the money for medical care rather than bringing charges. Charges won't accomplish anything except ruining things between you and in his life. No matter how upset you are, criminal charges are something YOU CANNOT CONTROL. They are like setting fire to someone's house. You cannot control how the fire spreads, whether it jumps to someone else's house, or how bad it gets. Once you set that in motion, you cannot call it back, usually. It takes on a life of its own.