Dog Bite Lawyer in Portsmouth, VA

A dog attack can leave you with serious physical injuries and lasting anxiety, especially when the attack happens somewhere you had every reason to feel safe. Levin & Levin, P.C. represents dog and animal bite victims throughout Portsmouth and the Hampton Roads area, and we understand the specific legal standards Virginia applies to these claims, which are different from many other states.

Unlike states with strict liability dog bite statutes, Virginia generally follows what’s often called the one bite rule. Under this approach, a dog owner can be held liable if they knew, or reasonably should have known, that their dog had dangerous or aggressive tendencies. That knowledge doesn’t require an actual prior bite; evidence that a dog had previously growled, snapped, lunged, or shown other aggressive behavior toward people can be enough to establish that the owner should have taken precautions.

Importantly, the one bite rule isn’t the only way to hold a dog owner accountable. Virginia also allows dog bite claims based on ordinary negligence, meaning an owner failed to use reasonable care in controlling their dog, regardless of whether they had any prior knowledge of aggressive behavior. This can include situations where a dog escaped through a broken fence, was left improperly restrained, or was allowed to roam off-leash in violation of a local ordinance.

Most cities and counties in Virginia, including here in Hampton Roads, require dogs to be leashed or otherwise controlled in public spaces. When a dog owner violates a local leash law and their dog then injures someone, that violation can establish negligence per se, meaning the violation itself serves as evidence of the owner’s negligence, without requiring you to separately prove the owner knew the dog was dangerous. This can make certain dog bite claims more straightforward to prove than a typical one bite rule case.

Dog bite and animal attack claims arise in a range of circumstances, and the most common situations we see include:

• A dog escaping an unsecured yard or through a broken fence
• A dog walked off-leash in violation of local ordinances
• A dog left unsupervised around children or visitors despite known aggressive tendencies
• An attack on a delivery worker, mail carrier, or utility worker on or near the owner’s property
• An attack on a neighbor, guest, or family friend visiting the owner’s home
• A dog with a documented history of aggression that wasn’t properly restrained or muzzled

Homeowner’s insurance policies frequently provide coverage for these claims, which is often the practical source of compensation even when the dog’s owner is a friend, neighbor, or family member.

Dog bites and attacks can cause a range of serious injuries, and the ones we see most often include:

• Soft tissue injuries, including deep lacerations, puncture wounds, and nerve and tissue damage
• Broken bones from the force of a large dog knocking down a victim
• Head injuries, especially in attacks involving young children

Beyond the physical injury, many victims also experience lasting fear around dogs or anxiety related to the attack, which can be relevant to a claim for pain and suffering.

Dog bite claims remain subject to Virginia’s pure contributory negligence rule, meaning that if you’re found to have provoked the dog or otherwise contributed to the attack, it can bar your right to recover compensation. Dog owners and their insurers frequently argue that the victim provoked the animal, even in situations where that clearly wasn’t the case, which makes a thorough investigation of what actually happened an important part of building your claim.

Children are involved in a significant share of serious dog bite cases, often because they’re smaller, less able to recognize warning signs of aggression, and more likely to be bitten in the face or head due to their height relative to the dog. Virginia law does not hold young children to the same standard of care as adults when it comes to allegations of provocation or contributory negligence, which is an important protection to understand if your child was attacked.

Seek medical attention right away, even for a bite that seems minor at first, since dog bites carry a real risk of infection and nerve or tissue damage that isn’t always obvious immediately. If you’re able, photograph your injuries and the location where the attack happened, and try to get the dog owner’s name and contact information along with any available witness accounts.

Report the attack to local animal control, since an official report can help establish what happened and whether the dog has a documented history that supports your claim. Avoid agreeing to a quick settlement directly with the dog owner or their insurer before speaking with an attorney, since early offers rarely account for the full extent of a bite injury.

Our attorneys bring more than 60 years of combined courtroom experience to dog bite and animal attack cases, and we understand the specific legal theories, one bite liability, ordinary negligence, and negligence per se, that can apply to your situation. We investigate thoroughly to determine which approach gives your claim the strongest foundation.

Levin & Levin, P.C. has served the Portsmouth and Hampton Roads community since 1968. If your child or a family member was attacked by a dog, we’re ready to talk through what happened and help you understand your options.

Many dog bite victims hesitate to pursue a claim because the dog’s owner is a friend, neighbor, or family member, and that hesitation is understandable. It’s worth remembering, though, that in most cases the claim is actually paid by the owner’s homeowner’s or renter’s insurance, not out of their own pocket, which means pursuing fair compensation for your injuries doesn’t necessarily have to come at the direct financial expense of someone you care about.

Levin & Levin, P.C. represents dog and animal bite victims throughout Portsmouth, Norfolk, Chesapeake, Suffolk, and the wider Hampton Roads area. If you or your child were bitten or attacked by a dog, contact our office today for a free case evaluation.