You're enjoying a day out with your family when a dog bites your child on the face, causing serious injuries. You’re surprised and confused when you learn the dog was a service animal brought in by another patron. Are service dogs allowed in restaurants? Who is responsible for your child's medical bills and trauma?
The experienced Virginia dog bite attorneys at Dulaney, Lauer & Thomas understand the issues that arise when a service animal causes injuries. While the Americans with Disabilities Act (ADA) grants broad access rights to service animals, it does not shield owners from liability if their dog attacks someone. If a service dog has bitten you or a loved one, we can help you understand your legal options and fight for the compensation you need to move forward.
Service Animal Access Rights in Virginia
The ADA defines a service animal as a dog trained to perform specific tasks for a person with a disability. Common examples include guide dogs for the visually impaired, hearing alert dogs, mobility assistance dogs, and psychiatric service dogs. Under the ADA and the Virginia Human Rights Act, service animals are permitted to accompany their handlers in most public places, including:
- Restaurants and bars
- Hotels and lodging establishments
- Retail stores and shopping malls
- Museums and entertainment venues
- Government buildings
- Schools and universities
There are some exceptions where service animals may be excluded, such as sterile hospital environments, commercial kitchens, and religious organizations. However, service dogs are generally granted broad access rights to assist their handlers in navigating public life.
Virginia's Dog Bite Laws and Service Animal Attacks
While service animals undergo extensive training, they are still dogs capable of causing serious harm if they bite someone. Virginia law does not differentiate between pet dogs and service animals regarding owner liability for bite injuries.
Virginia is a "one-bite rule" state, which means a dog owner may be held liable if they knew or should have known their dog had aggressive tendencies. This prior knowledge is often established through a previous bite incident, but it could also be shown if the dog had a history of growling, snapping, or lunging at people.
Even if a service dog has no history of aggression, the owner could still be liable if the attack results from their negligence. For example, if a restaurant patron fails to maintain control of their service dog or ignores signs the dog is becoming agitated or overwhelmed, they may be responsible for resulting bite injuries.
Who is Responsible for Service Dog Bite Injuries?
In most cases, the service dog's owner or handler bears primary responsibility for any injuries or damages caused by their animal. However, there may be situations where a third party shares liability:
- Property owner. If a property owner knows a service animal poses a danger to visitors but fails to take action to remove the threat or warn others, they may be liable under premises liability laws.
- Employer. If an employee uses a service dog in their work duties and the dog bites a coworker or customer, the employer might be vicariously liable for the resulting injuries.
- Animal shelter or rescue group. If a service dog was adopted from a shelter or rescue group and had a known history of aggression that was not disclosed to the owner, the organization could be liable for failure to warn.
Virginia follows a contributory negligence rule in personal injury cases. If the victim is found even 1% at fault for the dog bite incident, they may be barred from recovering any compensation. For example, if the victim ignored warning signs or deliberately provoked the service dog, they may bear some responsibility. A knowledgeable Virginia dog bite attorney can help counter any allegations of contributory negligence and protect your right to recovery.
What to Do After a Dog Bite from a Service Animal
If you or your child has suffered injuries from a service dog attack, take swift action to protect your health and your legal rights:
- Seek medical attention. Dog bites carry a high risk of infection, so it's crucial to see a doctor immediately. Keep copies of all medical records and bills related to the injury.
- Report the bite. Contact your local animal control office or police department to file a bite report. This creates an official record of the incident.
- Gather evidence. If possible, take photos of the injuries and the scene of the attack. Get contact information for the dog owner and any witnesses.
- Contact a lawyer. Dog bite claims involving service animals can be complicated. An experienced attorney can help you pursue fair compensation for your injuries, pain and suffering, and other damages.
How a Virginia Dog Bite Attorney Can Help
Having a knowledgeable Virginia personal injury lawyer on your side can make all the difference in the outcome of your case. When you work with Dulaney, Lauer & Thomas after a service dog bite, our skilled legal team will:
- Investigate the incident. We'll gather evidence, interview witnesses, and review medical records to build a strong case on your behalf.
- Identify all liable parties. Our attorneys will determine who is responsible for your injuries, whether the dog owner, property owner, employer, or another third party.
- Communicate with insurance companies. We'll deal with the insurance adjusters so you can focus on healing. Our lawyers can counter common tactics they use to minimize or deny valid claims.
- Negotiate for maximum compensation. We'll seek compensation for your medical bills, lost wages, pain and suffering, scarring, and other damages.
- Take your case to trial if necessary. While most dog bite cases settle out of court, we're always prepared to advocate for you before a judge and jury.
At Dulaney, Lauer & Thomas, we believe everyone has the right to feel safe in public spaces. If a service dog has attacked you, you shouldn't have to bear the burden of expensive medical bills and lost wages on your own. Our skilled Virginia dog bite attorneys are here to advocate for your rights and build a strong case for maximum compensation.
