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I want to talk to you about bad biting dogs, what we call in the legal field “dog bite
cases.” Hi. My name is Richard Aufenger. I’m a trial attorney with the law firm of
Kalfus & Nachman. How do you know if you have a good viable dog bite case? The answer is
it depends on the circumstances of the case, so the answer is maybe. Virginia law does
not recognize vicious dog breeds. So just because you’re bitten by a dog that falls
within that class – let’s say rottweiler or a pit bull – does not automatically mean
that you have a viable good case. The owner of the dog has to be negligent. Now what does
that mean? Well the owner of the dog has to know – or should have known – that that
dog is likely to bite someone. So if you’re bitten by a dog, the first question you have
to ask is who’s the owner? Because if you can’t find the owner you certainly aren’t
going to be able to have a viable case and a recovery. So once you have identified the
owner, the next question is is there insurance? Because how are you going to get paid? That’s
a very important question as well. So typically the insurance is going to be a homeowner’s
policy because the dog is typically an individual’s dog. Now you may have a dog bite on the premises
of a business, so there may be business insurance and you’re more likely to have insurance
in those situations. But once you find the owner and you find homeowner’s insurance,
then the next question is was that owner negligent? Now to prove negligence, you typically have
to show that that particular dog had a propensity to bite someone and that the owner knew or
should have known that. So, in Virginia, it’s generally recognized that a dog gets one free
bite. So if the dog hadn’t bitten before then the owner typically wouldn’t have known
that that dog might bite in this particular situation. So to prove that the owner knew
or that the dog had bitten before what you have to do is have to a FOIA request, which
is a Freedom of Information Act request. And you send that letter to Animal Control in
the locality where you are on that particular dog. You identify the dog, you identify the
owner, and if the dog has bitten before and it’s recorded, you’ll find that out. You
can also go to the dog’s vet. If you’re in litigation, issue a subpoena to the vet
and you’ll get the vet records. And a lot of times vets actually identify which dogs
are vicious or likely to bite in the chart, because they want to know that when they’re
treating the dog. And also, if you can’t find out any other way, go knocking on doors
around the neighborhood. Neighbors know which dogs are vicious. Also mailmen, they know
which dogs. In fact, they’ve charted it as well. When they’re delivering mail, they
know which dogs are likely to bite. Some localities also have leash laws and if a dog is roaming
at large and unattended, in violation of a leash law, that in itself can prove negligence.
In my 29 years of trying and handling personal injury cases, I have handled many, many dog
bite cases. The most memorable – unfortunately – involved children because they are unable
to protect themselves. And there have been vicious, mauling cases that I have been involved
in and obtained significant recoveries that helped children get treatment they need and
even set up annuities for their future. I can help you. If you have a dog bite case,
give me a call. My name is Richard Aufenger with Kalfus Nachman, 1-800-HURTLINE.