Imagine walking along a sidewalk when a large dog suddenly breaks away from its owner, charges toward you, and knocks you to the ground. You weren’t bitten, but you landed hard enough to break your wrist.
Does that mean you have no personal injury claim?
Not necessarily. A dog doesn’t have to sink its teeth into someone to cause a serious injury. A sudden charge, an aggressive jump, or a chase that forces someone into traffic can all result in harm.
In Virginia, however, there’s another important consideration: Where did the incident happen?
Virginia does not have one statewide leash law governing every locality. Instead, individual cities and counties have adopted their own ordinances. Some impose stricter responsibilities on dog owners than others, and those differences can affect how an injury claim is evaluated.
Why Location Is Important in Virginia Dog Injury Cases
Dog injury cases are highly fact specific. Two people who suffer nearly identical injuries could face different legal questions depending on whether the incident happened in Alexandria, Arlington County, or Fairfax County.
That’s because local ordinances establish different requirements for controlling dogs in public spaces. Some provisions focus on whether an owner permitted a dog to run loose, while others prohibit a dog from being unrestricted regardless of what the owner knew.
These distinctions are important when someone is injured by a dog that never actually bites them.
A violation of an applicable leash ordinance may provide an important basis for establishing the owner’s responsibility. Depending on the jurisdiction and circumstances, it may also support a strict liability argument.
Here’s how local laws differ across Northern Virginia.
Local Dog Leash Laws Across Northern Virginia
Here is a look at the various leash laws around the area:
City of Alexandria
Alexandria City Ordinance 5-7-35(a) requires dogs outside their owner’s property to be secured by a leash and controlled by their owner or another responsible person capable of physically restraining them.
One important word in this ordinance is “permit.” The provision focuses on whether the owner permitted the dog to be off the premises without the required restraint.
If an owner allows a dog to run loose and the animal knocks someone down, the ordinance may become an important part of the injured person’s claim.
Arlington County
Arlington County Ordinance § 2-6 requires dogs to be secured by a leash or lead and kept under the control of their owner or another responsible person, unless they are within their owner’s property.
Unlike the Alexandria ordinance, Arlington’s provision does not use the same requirement that an owner permits the dog to run loose. That distinction can create a stronger basis for imposing responsibility on an owner when an uncontrolled dog causes an injury on public property.
City of Fairfax
City of Fairfax Ordinance § 6-61(a) prohibits an owner from permitting a dog to run at large within the city.
Like Alexandria, this ordinance uses the word “permit.” Whether the owner allowed the dog to run loose can therefore become an important part of evaluating a potential claim.
For someone injured after being knocked down or chased by an uncontrolled dog, the circumstances surrounding the owner’s knowledge and conduct are important.
Fairfax County
Fairfax County Ordinance § 41.1-2-4(a) prohibits dogs from running unrestricted within the county.
Unlike ordinances that focus on whether an owner permitted a dog to run at large, this provision places responsibility on the dog’s owner when the animal is found unrestricted. This can be important when a dog escapes an unfenced yard or otherwise gets loose and causes someone to fall or suffer another injury.
City of Falls Church
Falls Church City Ordinance § 4-40(a) requires dogs to be secured by a leash or lead and kept under the immediate control of their owner or another responsible person unless they remain within the owner’s property.
The ordinance does not use the same permission-based language found in Alexandria and the City of Fairfax. Also, an owner may face responsibility when a dog is running loose, even if the owner claims not to have known the animal had escaped.
Loudoun County
Loudoun County Ordinance § 612.13 requires dogs to remain on a leash when they are off their owner’s or custodian’s property. The person responsible for the dog must also maintain physical control while it is leashed.
An owner cannot rely on the fact that a dog was wearing a leash if the animal was not properly controlled. If an unleashed dog charges at a pedestrian, knocks someone over, or causes a cyclist to crash, the ordinance may provide an important basis for evaluating the owner’s responsibility.
Prince William County
Prince William County Ordinance § 4-23(a) prohibits owners from permitting or allowing their dogs to run at large within the county, subject to the ordinance’s exceptions.
Similar to Alexandria and the City of Fairfax, this provision focuses on whether the owner permitted the dog to run loose. That can influence how an injury claim is evaluated when an uncontrolled dog causes harm.
Washington, D.C.
Washington, D.C., has its own requirements under Municipal Regulation § 900.3. For the most part, dogs must be secured by a substantial leash when on public property, with the leash held by someone capable of managing the animal.
The regulation also focuses on whether the owner or person responsible for the dog permitted it to be in a public space without the required restraint. For someone injured by an uncontrolled dog in the District, the applicable local requirements should be considered as part of the claim.
What If the Dog Never Actually Bites You?
A dog-related injury doesn’t have to involve a bite to be serious. In fact, some of the most serious injuries happen when people try to avoid an approaching animal or are knocked off balance. Some examples include:
- Being knocked down: A large dog jumps on someone, causing them to fall and suffer a broken wrist, hip fracture, or head injury.
- Being chased: A dog runs after a pedestrian or jogger, forcing them into traffic or causing them to fall.
- Cycling accidents: A dog runs toward a cyclist, causing the rider to swerve, lose control, and crash.
- Trip-and-fall injuries: Someone trips over an uncontrolled dog in a public walkway or other shared space.
The absence of a bite doesn’t automatically eliminate the possibility of a claim. The applicable local ordinance, the owner’s conduct, and the circumstances surrounding the incident all deserve consideration.
What If the Injury Happens on the Dog Owner’s Property?
Local leash ordinances aren’t the only consideration in a dog injury case. An incident can also happen on the dog’s own property, such as when a visitor is knocked down in a yard or injured after encountering an aggressive animal.
In those situations, the dog’s history may become important.
Did the animal previously jump on visitors, chase people, or display aggressive behavior?
Had neighbors complained about the dog?
Had animal control received reports about earlier incidents?
Evidence that an owner knew about a dog’s dangerous tendencies but failed to take reasonable precautions may support a negligence claim. These questions can arise whether the injury involves a bite, a knockdown, or another type of dog-related accident.
Case Result: $100,000 Settlement After a Dog Knocked Woman Down
Not every dog-related injury involves an aggressive animal or a bite. Sometimes, a dog gets a little too excited, and someone else pays the price.
That happened to our client in Alexandria. She was walking her dog through the parking garage of her apartment building when another resident lost control of his dog. The dog came running over, apparently eager to say hello to our client and her pet. But what may have started as an enthusiastic greeting ended with our client on the ground.
The fall left her with fractures to her sacrum, the lower portion of her spine. Fortunately, security footage from the apartment building captured the incident and helped show exactly how she was injured.
The dog never bit our client and wasn’t acting aggressively. Still, the injuries were serious, and the claim was ultimately resolved for $100,000, the full policy limit available under the dog owner’s renters insurance.
This case is a good reminder that a friendly dog can still cause an unexpected injury. You don’t have to suffer a bite for a dog-related accident to have serious consequences or for an insurance claim to be worth pursuing.
What Should You Do After a Dog-Related Injury?
If a dog causes an injury, taking a few steps early can help preserve important evidence.
- Identify the owner. Get the owner’s name and contact information, along with details about the dog.
- Document the scene. Photograph the location, the dog’s leash or lack of restraint, and any damaged fencing or gates.
- Get witness information. Neighbors and bystanders may have seen what happened or witnessed earlier incidents involving the dog.
- Seek medical attention. Even without a bite, a fall or collision can cause injuries that require treatment.
- Report the incident. Contact the appropriate local animal control agency so the incident can be documented.
- Preserve evidence of prior incidents. Animal control records, police reports, and witness statements may help establish what the owner knew about the dog.
It’s also important to remember that Virginia follows a contributory negligence rule. If an injured person is found even slightly at fault, that could prevent recovery. Having an attorney evaluate the circumstances and applicable local laws can help clarify the issues involved.
Talk to Curcio Law About Your Dog Injury Claim
A dog doesn’t have to bite you to turn an ordinary afternoon into a trip to the emergency room. A sudden charge, an uncontrolled jump, or a chase can leave you with broken bones, medical bills, and months of recovery.
But determining whether you have a claim involves more than looking at the injury itself. The city or county where the incident occurred, the applicable leash ordinance, and what the owner knew about the dog’s behavior can all make a difference.
Curcio Law has decades of experience handling personal injury cases in Northern Virginia. Our attorneys understand the importance of examining local ordinances and the circumstances surrounding a dog-related injury.
If someone’s dog caused you to fall, crash, or suffer another injury, don’t assume you have no legal options simply because the animal never bit you. Contact Curcio Law for a free, no-obligation consultation to discuss what happened and learn more about your potential claim.
