Last verified: February 2026
Key Points
- Liability Type: One-bite/negligence
- Key Statute: Va. Code § 3.2-6540
- Summary: One-bite rule; dangerous dog statute for prior offenders
- Statute of Limitations: Typically 2-3 years for personal injury claims
- Defenses: Provocation, trespassing, and comparative negligence may apply
Quick Overview
| Aspect | Virginia Law |
|---|---|
| Liability Standard | One-bite rule |
| Prior Knowledge Required? | Yes (for full damages) |
| Provocation Defense | Yes |
| Trespasser Protection | Limited or none |
Table of Contents
📑 Table of Contents (click to expand)
Virginia Dog Bite Liability Laws
Virginia follows the one-bite rule, meaning victims must prove the owner knew or should have known of the dog’s dangerous tendencies to recover damages.
Under Va. Code § 3.2-6540, one-bite rule; dangerous dog statute for prior offenders. This framework determines how victims can pursue compensation and what defenses are available to dog owners.
Understanding Virginia’s One-Bite Rule
Under the one-bite rule in Virginia, a dog owner may not be held liable for the first bite if they had no reason to believe their dog was dangerous. However, once an owner knows or should know of their dog’s dangerous propensities, they can be held liable for subsequent incidents.
Victims can still recover damages by proving:
- The owner knew of the dog’s dangerous tendencies
- The owner was negligent in controlling the dog
- The owner violated a local leash law or ordinance
Dog Owner Responsibilities in Virginia
Dog owners in Virginia have several legal obligations designed to protect the public:
- Leash Laws: Many Virginia municipalities require dogs to be leashed in public areas
- Confinement: Dogs must be securely confined on the owner’s property
- Vaccination: Rabies vaccination is typically required by state law
- Licensing: Most jurisdictions require dogs to be licensed and registered
- Warning Signs: Owners of known dangerous dogs may be required to post warning signs
Violating these requirements can strengthen a victim’s case and may result in additional penalties for the owner.
Victim Rights and Compensation
Dog bite victims in Virginia may be entitled to recover various types of damages:
Economic Damages
- Medical expenses (emergency care, surgery, rehabilitation)
- Lost wages and loss of earning capacity
- Property damage
- Future medical costs
Non-Economic Damages
- Pain and suffering
- Emotional distress and psychological trauma
- Scarring and disfigurement
- Loss of enjoyment of life
Under Virginia’s one-bite rule, recovering non-economic damages may require proving the owner knew of the dog’s dangerous propensities or was otherwise negligent.
Legal Defenses for Dog Owners
Even in one-bite states like Virginia, dog owners have several potential defenses:
Provocation
If the victim provoked the dog through teasing, tormenting, hitting, or other aggressive behavior, the owner may not be liable. The provocation must be sufficient to cause a normally calm dog to bite.
Trespassing
Dog owners generally have reduced or no liability when their dog bites a trespasser. However, this defense may not apply to children who may not understand property boundaries.
Comparative Negligence
Virginia may apply comparative negligence principles, reducing the victim’s recovery if they were partially at fault for the incident.
Assumption of Risk
If the victim knowingly assumed the risk of being bitten (such as a veterinarian or dog groomer), this may limit or bar recovery.
Dangerous Dog Designations in Virginia
Virginia law typically provides for the designation of certain dogs as “dangerous” or “vicious” based on their behavior. A dog may be classified as dangerous if it has:
- Bitten a person without provocation
- Killed or seriously injured another domestic animal
- Been previously designated as potentially dangerous and continues to exhibit threatening behavior
Owners of designated dangerous dogs face additional requirements, which may include:
- Maintaining liability insurance (often $100,000 or more)
- Keeping the dog in a secure enclosure
- Using a muzzle and leash in public
- Posting warning signs on the property
- Microchipping the dog
How to File a Dog Bite Claim in Virginia
If you’ve been bitten by a dog in Virginia, follow these steps to protect your rights:
- Seek Medical Attention: Get treatment immediately and keep all medical records
- Report the Incident: File a report with local animal control and police
- Document Everything: Take photos of injuries, the location, and the dog if possible
- Gather Information: Get the owner’s name, contact info, and insurance information
- Identify Witnesses: Collect contact information from anyone who saw the attack
- Preserve Evidence: Keep torn clothing and other physical evidence
- Consult an Attorney: A personal injury lawyer can evaluate your case and handle negotiations
Statute of Limitations
In Virginia, you have a limited time to file a lawsuit after a dog bite injury. The statute of limitations for personal injury claims is typically 2-3 years from the date of the incident, but this can vary.
Important considerations:
- The clock starts running from the date of the bite
- Minors may have extended deadlines
- Claims against government entities often have shorter notice requirements
- Failing to file within the deadline typically bars your claim forever
Consult with a Virginia attorney promptly to ensure you don’t miss any deadlines.
Breed-Specific Legislation in Virginia
Some jurisdictions in Virginia have enacted breed-specific legislation (BSL) that restricts or bans certain dog breeds, typically including:
- Pit bulls and pit bull mixes
- Rottweilers
- Doberman Pinschers
- German Shepherds (in some areas)
However, many Virginia communities have moved away from breed-specific bans in favor of behavior-based dangerous dog laws. Check your local ordinances for specific restrictions in your area.
Landlord Liability for Dog Bites
In Virginia, landlords may be held liable for dog bite injuries in certain circumstances:
- The landlord knew the tenant’s dog was dangerous
- The landlord had the ability to remove the dog
- The landlord failed to take action to protect others
Landlords should consider including pet policies in lease agreements and requiring tenants with dogs to carry renter’s insurance with liability coverage.
Criminal Penalties for Dog Owners
In serious cases, Virginia dog owners may face criminal charges:
Misdemeanor Charges
May apply when a dog causes injury due to owner negligence, such as violating leash laws or failing to confine a known dangerous dog.
Felony Charges
May apply when:
- A dog kills or seriously injures someone
- The owner knew the dog was dangerous and failed to take precautions
- The owner intentionally used the dog as a weapon
Criminal penalties can include fines, probation, and imprisonment, in addition to civil liability for damages.
Frequently Asked Questions
What should I do immediately after a dog bite in Virginia?
Seek medical attention first, then report the incident to animal control. Document everything with photos and gather witness information. Contact a personal injury attorney to understand your options.
Can I sue if a dog bites me in Virginia?
Yes. Under Virginia’s one-bite rule, you can sue if you can prove the owner knew or should have known of the dog’s dangerous tendencies, or if the owner was negligent.
What if the dog owner doesn’t have insurance?
You can still file a lawsuit against the owner personally. If they don’t have assets to pay a judgment, your own homeowner’s or renter’s insurance may provide coverage through “uninsured” provisions.
Is there a cap on damages for dog bite injuries in Virginia?
Most states do not cap damages for dog bite injuries, though some limit non-economic damages in certain circumstances. Consult with a Virginia attorney for specific guidance.
What if my own dog bites me?
You generally cannot sue yourself. However, if the dog was in someone else’s care at the time, that person may be liable. Your health insurance would typically cover medical costs.
Can a landlord evict me because of my dog’s behavior?
Yes. If your dog bites someone or is designated as dangerous, your landlord may have grounds to terminate your lease, especially if the dog violates pet policies or poses a threat to other tenants.
Getting Legal Help
Dog bite cases can be complex, involving questions of liability, insurance coverage, and damages. If you’ve been injured by a dog in Virginia, consider consulting with a personal injury attorney who can:
- Evaluate the strength of your case
- Identify all potentially liable parties
- Handle communications with insurance companies
- Negotiate a fair settlement
- Take your case to trial if necessary
Many dog bite attorneys offer free consultations and work on a contingency fee basis, meaning you pay nothing unless you win.