Unlike many other American states, Virginia does not follow any specific dog bite statute; nevertheless, it is important to note that the state follows the one-bite rule. Virginia Dog Bite Lawyer explains that while the rule sounds favorable to most of the owners, many victims find it unacceptable and would want the law to be changed. Whichever side of the fence, contact the Law Offices of SRIS, P.C. for legal guidance.
The Virginia Dog Bite Lawyer states that the one-bite rule holds that the master can be held responsible for the injuries only if he already knew the pet was dangerous and has shown similar aggression in the past. Virginia Pet Dog Bite Lawyer further explains that in most cases, the owner is held liable only if the canine has bitten at least once in the past.
The Virginia Dog Bite Lawyer explains that a victim can only turn the case in his favor if he is able to present evidence that proves the negligence of the owner. There are instances when the owner and the victim come to a mutual agreement and there are situations when the victim is unaware of such dog bite injury claims. In either of the situations, Virginia Pet Dog Bite Lawyer states that it is important that you learn and understand the various rules associated with injury claims and bring them to use when needed. Most importantly, you must have certain facts registered in your mind, if you are planning to file an injury lawsuit immediately.
Limitation Period for Dog Bite Injury Lawsuits
The Virginia Dog Bite Lawyer states that like every state, VA has a time limit for filing personal injury cases that include dog bites or related injury cases as well. According to the state’s statute of limitations, the injured person should file a claim within 2 years from the occurrence of the incident.
The law explains that the two-year statute starts from the day of canine bite. If you fail to file a claim within these 2 years, the court may even refuse to hear your lawsuit. Hence, Virginia Dog Bite Lawyer emphasizes the importance of filing the claim within the given deadline.
Virginia’s Negligence ‘Per Se’ Rule for Pet Dog-Related Injuries
Negligence ‘Per Se’ is a legal doctrine that helps prove that the defendant acted negligently. The defense is used cleverly by Virginia Dog Bite Lawyer. Negligence in this case includes:
- Violation of Public Safety Statute
- The plaintiff or the injured is the member of the class that the statute intends to protect
- The plaintiff’s injury could have been prevented
- The carelessness of the defendant caused the plaintiff’s injury
When an injured individual files a claim with the help of a Virginia dog bite lawyer, he/she should be able to prove the negligence of the owner. For example, the city ordinance requires all canine pets to be on leashes while in a park. Therefore, when bitten by a canine in the park, you can clearly state that the owner’s behavior constituted negligence ‘perse’.
Penalties for Pet Dog Bite Injuries in VA
The code of Virginia section 3.2-6540 imposes penalties on the owner of a dangerous pet, whose pet caused injury or death to another individual. According to Virginia Dog Bite Lawyers, if the pet (that caused harm to a person) is registered as a “dangerous dog” in the state’s registry, then the owner may have to face criminal penalties and hence the assistance of a reputed lawyer can go a long way towards securing your rights.
In most cases, the Virginia dog bite lawyer would raise a common defense saying that the injury was caused due to negligence on the plaintiff’s end too, referred to as “contributory negligence”. For example, the defendant might state that the plaintiff teased or provoked the pet that led to the injury. The good news for owners is that if the plaintiff is found to be even 1 percent responsible for his injuries, then he has no legal rights to recover compensation for medical bills or similar expenses. Though, a Virginia dog bite lawyer can find a suitable way out to get the right amount of compensation.
How can a Virginia Dog Bite Lawyer Help?
In most American states, the owner is held responsible for injuries caused by their pet even if it was the first bite. But things are different in VA; as explained earlier VA considers the one-bite rule and for this and many other reasons, it is vital to hire an extremely skilled Virginia Dog Bite Lawyer to fight the case.
A highly professional Virginia Dog Bite Lawyer will strive to fight for the best of your interests and try getting full compensation for the loss incurred.
Virginia Dog Bite Lawyer can help you with the following:
1. Demonstrate the Negligence
In order to receive a full value compensation, it is mandatory that the plaintiff is able to prove the defendant’s negligence and irresponsibility towards public safety. Retaining an experienced Virginia Dog Bite Lawyer will prove helpful here; only if they collect evidence and demonstrate the owner’s carelessness. A good Virginia Dog Bite Lawyer will know how to use eyewitness testimonies, video footage, and similar strategies at the correct time.
2. Calculate Your Past and Future Damages
When dealing with the injury, it is possible that you may miss out on the minute expenses involved in the treatment. A reliable Virginia Dog Bite Lawyer will help assess past and future expenses that include, medical bills, loss of wage, etc., and try getting a full value compensation for the damages.
3. Fight Against Common Defenses
As mentioned earlier, if the defendant proves that you are partially responsible for your injury, you may not receive any kind of compensation. Only a diligent Virginia Dog Bite Lawyer with good courtroom skills can help reverse any kind of false defense and win the case for you.
The assistance of the Law Offices of SRIS, P.C. can be crucial in fighting your way out in a Dog Bite Case. So, do not hesitate and make a call now!