Dog attacks can happen suddenly — while walking, jogging, or even biking by a neighbor’s yard.
When they do, you might ask yourself the following: Who pays for medical care? Should I call animal control? What if the owner insists their dog “has never done that before”?
In Virginia, dog bite cases depend heavily on evidence — and quick action after the incident can make the difference between receiving compensation and reducing the value of your claim.
A step-by-step guide from Cardon Law. This is general information, not legal advice. If you’ve been bitten or attacked by a dog, consult an experienced Virginia Beach personal injury lawyer as soon as possible.
1) Virginia Law on Dog Owner Liability – An Overview
Virginia follows what’s sometimes called the “one-bite” rule, but that phrase can be misleading.
Owners are liable not only when their dog has bitten before — but also when they fail to use reasonable care to prevent foreseeable harm.
Under Virginia Code § 3.2-6540(A), any dog that bites a person can be declared a “dangerous dog” by a local animal control officer.
Once declared dangerous, the owner must meet strict containment, insurance, and reporting requirements.
Civilly, negligence can be proven under common law if:
- The owner knew or should have known of the dog’s dangerous tendencies, or
- The owner failed to exercise reasonable control over the dog (for example, an unleashed or unrestrained animal in violation of § 3.2-6538, Virginia’s leash law).
You may also have a negligence per se claim if the owner violated a local leash ordinance.
2) Call Animal Control Immediately
Always contact local Animal Control or the police right after the bite.
This serves two purposes:
- Public health & safety: Officers ensure the animal is quarantined and tested for rabies.
- Documentation: The official investigation creates a contemporaneous record linking the attack to the specific dog and owner.
A criminal or regulatory investigation can also help your civil personal-injury claim by:
- Verifying ownership of the dog,
- Recording witness statements while memories are fresh, and
- Potentially resulting in a “dangerous dog” finding or summons against the owner, which can later be used as persuasive evidence of negligence.
3) Preserve Every Piece of Evidence
Dog-bite cases often hinge on proof of control (or lack thereof). Here’s how to protect your claim:
✅ Photograph injuries immediately and during recovery.
✅ Keep torn clothing or damaged items — they’re physical proof of the attack.
✅ Identify witnesses who saw the incident or the owner’s conduct.
✅ Ask nearby businesses or homeowners whether their security cameras may have captured the event.
✅ Preserve all correspondence with the dog owner or their insurer.
Real Case Example (Cardon Law, 2025):
In one Virginia Beach case, our client was biking past a local business when a woman’s dog — off-leash and unattended — lunged and bit his leg.
A nearby security camera captured the entire incident.
The footage showed the owner was not holding the leash and had turned away just before the attack.
The video was dispositive in proving negligence.
We settled the case for $45,000 without going to trial.
If we hadn’t obtained that video within days of the attack, it likely would’ve been overwritten. Timing matters.
4) Seek Immediate Medical Treatment
Dog bites are not always just surface wounds — they often carry high risks of infection, scarring, and nerve damage.
Go to an emergency room or urgent care right away.
Doctors must report animal bites to local health authorities under Virginia Code § 3.2-6522, which helps verify the event in official records.
Keep copies of:
- Medical bills,
- Discharge summaries,
- Rabies vaccination recommendations, and
- Any lost-time documentation from work.
These records strengthen both your personal injury and economic-loss claims.
5) Homeowner’s Insurance and Dog Bite Coverage
Many people don’t realize that homeowners insurance or renter’s insurance can cover dog-bite injuries — even if the attack didn’t happen on the owner’s property.
Coverage often applies when:
- The policyholder owns or keeps the animal, and
- The policy covers “personal liability” injuries occurring off-premises (for example, a dog bite at a park or neighborhood sidewalk).
However, some policies exclude certain breeds or dogs with prior incidents.
It’s important for your attorney to immediately request the homeowner’s insurance declarations page to confirm coverage and available limits.
6) Comparing Legal Paths: Criminal vs. Civil Proceedings
| Process | Who Files It | Purpose | Outcome |
|---|---|---|---|
| Animal Control / Criminal Case | City or county (Commonwealth’s Attorney) | Protect the public; determine if the dog is “dangerous” under § 3.2-6540 | Fines, confinement orders, possible criminal record |
| Civil Personal Injury Case | The injured person (with their lawyer) | Compensate the victim for medical bills, lost wages, pain and suffering | Financial recovery through settlement or trial |
Even if animal control issues no citation, you may still win a civil claim — the standards of proof differ.
Conversely, a “dangerous dog” finding or leash-law conviction can strongly support your civil case.
7) What to Do After a Dog Bite in Virginia
✅ Report the attack to animal control immediately.
✅ Identify and photograph the dog and owner if possible.
✅ Get medical treatment the same day — and keep every bill.
✅ Ask businesses or homes nearby to save surveillance video right away.
✅ Contact a personal injury attorney experienced in dog-bite cases to preserve evidence and pursue insurance coverage.
FAQ
Can I still recover if the dog never bit anyone before?
Yes. Virginia law allows recovery if the owner failed to act as a reasonably prudent person — such as letting the dog run off-leash or ignoring signs of aggression.
Do I have to prove the owner intended the attack?
No. Negligence is enough. Intentional acts (ordering the dog to attack) would create additional liability under § 8.01-42.1.
What if the owner is a tenant?
Both the tenant and the landlord’s insurance might be implicated, depending on control of the property and knowledge of the animal’s behavior.
Will animal control investigating help my civil case?
Yes. Their report often documents ownership, vaccination status, and leash violations — all of which support your personal-injury claim.
Is there a deadline to file a dog-bite lawsuit in Virginia?
Yes — generally two years from the date of the attack under § 8.01-243(A).
Hurt by a Dog in Virginia? Protect Your Rights Immediately.
If you’ve been bitten or attacked by a dog in Virginia Beach, Norfolk, or anywhere in Hampton Roads, you may be entitled to compensation for medical bills, lost income, and pain and suffering.
Quick action — including contacting animal control and securing video evidence — can make all the difference.
Cardon Law handles dog-bite and animal-attack personal injury claims across Hampton Roads.
Our office has successfully recovered compensation for victims, including a $45,000 settlement in 2025 thanks to video proof of owner negligence.
📞 Free Consultation: (757) 306-9060
📱 24/7 Direct to David A. Cardon: (757) 620-3283
