Victims of dog attacks can be physically and emotionally traumatized because of their injuries. The Dunbar Dog Bite Scale is often used to determine the severity of a dog bite injury, with level one being the least severe and level six being the most severe. The levels of the scale are generally as follows:
- Level 1: Dog displays aggressive behavior but no direct skin contact.
- Level 2: Dog’s teeth make contact with the skin, but no skin puncture.
- Level 3: Dog’s bite results in one to four punctures, resulting in shallow wounds.
- Level 4: Dog’s bite results in one to four punctures, resulting in deep wound (at least one puncture deeper than half the length of canine teeth and/or lacerations caused by dog holding on and shaking head back and forth).
- Level 5: Dog’s teeth puncture skin at least two times, resulting in deep wounds or lacerations.
- Level 6: Dog bite causes fatality.
Recovering damages after dog bite injury in Virginia
Victims of dog bite injuries can file personal injury claims against dog owners to recover compensation for their injuries.
As a “one-bite” rule state, Virginia allows dog owners to be held liable for a dog bite if the victim can establish that the dog had previously exhibited dangerous propensities. However, even if the dog had no history of aggressive behavior, the owner may be liable if the victim can prove that the owner knew or should have known that their dog was a threat.
Owners may also be held liable if they acted negligently or did not take the necessary steps to prevent their dog from causing injuries. Negligence may include failure to secure the dog in the yard, failure to restrain, or failure to use a leash.
Owners in Virgnia may go out of their way to establish that the victim provoked the dog or were trespassing onto their property at the time of the incident. This is because Virginia is a contributory negligence state, meaning that a victim who is even one percent responsible for their own injuries may not recover damages.