Legal Question in Personal Injury in Virginia

Dog Fight

My child was walking our dog on a lease past a neighbors house when their dog, still on a leash with his 12 yr old owner, chased my child and our dog to our yard and proceeded to attack our dog. My dog is a 14 year old mut and their dog is a 3 year old German Shepard. I had to break up the fight because the childs father never came from the house while this was happening. While trying to remove this 120 lb. dog from my dog I injured my arm and rotator cup and our dog has internal injuries and may have possibly had a heartattack, needless to say there were injuries to myself my, dog, mental anguish for my children. Now here is the kicker somehow the other child was bit in the attack and they say it was out dog that bit him. I did not see the bitting take place nor did I see the initiation of the dog fight so it my children's word against the other child's word about how this whole thing began. What should we do about our medical costs? They are growing daily, and how should we handle their childs bite, when there is no proof which dog did it?


Asked on 4/24/00, 10:13 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Dog Fight

Dog bites are subject in VA to what amounts essentially to a "first bite" rule: the owner is not liable for the first bite by the dog. After that, he is on notice of a propensity to biting. So if your dog never bit anyone before, you are not liable. There is still a requirement to show negligence, and I doubt they could show negligence if their dog attacked yours. In any event, if you have homeowners or renters insurance, that should cover this claim. As to your claim against the other owner, it will depend if you can show prior violent behavior on the part of their dog. You should see a personal injury lawyer in your area if you want to pursue this.

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Answered on 5/31/00, 1:02 pm


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