If you have been bitten by a dog in Virginia, your right to be compensated for the injury depends on a lot of factors. One of the more challenging aspects of such a case is the state of Virginia law concerning dog bite injuries. Virginia still follows the old rule that a dog gets "one free bite" unless the owner has knowledge of its vicious propensities, such as a history of prior attacks. Further complicating matters is that Virginia is also one of the few states left that still bars claims if the there is any contributory negligence by the victim, even just one percent.
Fortunately, an experienced lawyer knows to examine local ordinances to determine whether there was a leash law violation. Such a statutory violation can be the difference in a win or a loss. Further, a dog owner has a duty to exercise reasonable care in handling his dog around another person. A thorough investigation of the facts of a dog attack can provide the basis for a claim.
Ideally, Virginia law needs to be changed to eliminate the "one free bite" rule. If someone is the first victim of dog attack, they should have the same rights as the second victim. The burden should be on the owner to control the dog and prevent any attack.
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro
Monday, August 30, 2010
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