Legal Question in Personal Injury in Virginia
I live in the city in VA. where there is a leash law for dogs. I have a exterior standard size fence, and a underground electric fence that prevented my german shepherd from getting within 2 feet from the fence. This dog has never got out before, nor has ever been aggresive, beside just barking. I was inside my house and could hear the dog barking and a muffled voice from inside. I went outside and saw the mail truck, and the mailman upagainst the fence. The mailman screamed/yelled at my dog stating "I'm not scared of you!!" As loud as he could, provoking my dog. I observed my dog shock himself, and jump the fence. My dog bit the mailman, in which he sustained 12 stitches. Since he was working the postal service has paid for all expenses, and was on worker comp. when they missed a day or two from work. The mailman has obtained a lawyer, in which is suing for $25,000.00 in Gen. District court/warrant in debt. for personal injury. There is no history with my dog ever getting out prior to this date. I also went above any beyond with my exterior fence by adding the underground electric fence. I understand they have to prove negligance, correct?? This "former mailman who lost there job later, no relation to this incident is rolling the dice since they do not have to pay anything unless they win. Homeowners insurance has denied due to the fact I'm renting. Not a big concern, due to the fact I was obviously not negligent, he provoked/taunted my dog. (Mailbox is outside the fence gate, 4 feet way from my fence.) Plus all medical expences/workmans comp took care of all bills. He is not out one cent. I have not obtained a lawyer yet. Do I need too, or is this something I need to be concerned about? Also if I do obtain a lawyer and win my case, can I counter sue for my lawyer fees in VA. PLEASE HELP!!
1 Answer from Attorneys
Yes, obtain an attorney (civil lititgator) to represent you if suit has actually been filed against you.
You will need to have a defense carefully crafted in your behalf which
will undoubtedly include contributory negligence on the part of the mailman
which should automatically bar recovery and perhaps other defenses as well.
And, needless to say, this is not something you should be attempting on your own without the attorney referenced, and, no, you will not be able to countersue or file a separate case for the recovery of your attorney's fees.
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