Full question:
On Saturday, 4 April while walking my dog, I past a home in my neighborhood whose door was left open, the tenant of that house owns a pit bull; Which charged out, unbeknowst to the owner of the dog, and attacked my dog and I. I received four puncture wounds in my right hand; My dog was bitten, and the attacking pit bull was not wearing a collar. The owner was not at home, but her daughter who had left the front door open, and unaware that the dog had run out of the house, was home. I was finally assisted by a man who was with the daughter; and we disengaged the pit bull from my dog. I reported the incident to the Fairfax county police, and the case was addressed by the animal control unit. The pit bull was removed from the home the following day and placed in quarantine for 10 days. The owner of the dog, was not at home, the daughter had keys to her mothers house, and was moving boxes into her mother's rented townhouse. The daughter was completely irresponsible during the entire situation. The following day, after the dog was removed from the home, the mother approached me. I explained what had happened during and after the incident. I informed her that her daughter was completely unresponsive and gave no assistance during , or after the attack on myself and my dog. I informed the owner of the dog that I was bringing my dog to our vet, and I was holding her daughter responsible for payment of the vet bill. I also informed the mother that I would not accept a check, and the payment needed to be made in cash, for which I would present a receipt. After returning from the Vet. I brought my receipt for $121.39 to the townhouse. No one responded when I knocked on the door, and I placed the receipt for my vet bills in the mail slot of the townhouse, informing the owner that I expected payment in cash of $ 121.39 by 11 AM on Monday the 5th of April 2009. I have yet to receive payment. On 12 May at 8:00 PM the mother approached me while I was standing on the sidewalk talking with a neighbor after returning from a walk with my dog, and she informed me that she was going to pay me and took out a check book. I informed her that I would not accept a check, I wanted to be paid in cash. She informed me that if she did not pay by check she would not have a receipt for payment, I informed her that I would give her a receipt but I would not accept a check. At that point, she walked away making a comment about ' trying to help me.' I stated that if I was not reimbursed for my vet. fees in cash I would have have no other recourse than to go through small claims court. Her response was ' fine, I'll see you in court.' My questions are, which forms do I need to file for small claims court for reimbursment of my veterinary bill for treatment and antibiotics my dog required after her dog's vicious and unprevoked attack; and do I notify the owner of the property from whom she is renting to inform him that his tenant has not paid for the vet's treatment, in cash as she stated she would on the day after the attack , sunday 5 April?
- Category: Animals
- Date:
- State: Virginia
Answer:
I suggest contacting the animal control division of city hall to obtain a copy of the local animal ordinances. Such ordinances may provide for damages due to dog bites. Complaints are filed to start a lawsuit for injuries suffered in accidents. In the complaint, the plaintiff asks for damages to be awarded for losses incurred. The damages may include out-of-pocket expenses, lost wages, emotional distress compensation, and others.
The owner is not the insurer of the safety of persons on the premises. The duty of care owed by the owner may vary depending on whether the person injured on the premises was an invitee, guest or trespasser. However, some jurisdictions have adopted the rule that an owner or occupier of land is held to a duty of reasonable care under all the circumstances. A property owner is generally liable for dangerous conditions on the property, such as dead trees overhanging a walkway, negligently maintained stores, parking lots, stairways and driveways. Courts typically require the landlord's knowledge of a tenant's dog's vicious propensities to hold the landlord liable for injuries.
We can assist you with searching to locate forms or we can draft and add forms you may need to our database. However, we cannot advise you to use one particular form over another. We can show you what is available. Please see the forms at the links below to see if they meet your needs or let us know if you would like us to draft a form to meet your needs. You may order forms online or by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.
The following are VA statutes:
§ 3.2-6587. Unlawful acts; penalties. —
A. The following shall be unlawful acts and are Class 4
misdemeanors:
1. For any person to make a false statement in order to
secure a dog or cat license to which he is not entitled.
2. For any dog or cat owner to fail to pay any license tax
required by this chapter before February 1 for the year in
which it is due. In addition, the court may order
confiscation and the proper disposition of the dog or cat.
3. For any dog owner to allow a dog to run at large in
violation of an ordinance passed pursuant to § 3.2-6539.
4. For any person to fail to obey an ordinance passed
pursuant to §§ 3.2-6522 and 3.2-6525.
5. For any owner to fail to dispose of the body of his
companion animals in accordance with § 3.2-6554.
6. For the owner of any dog or cat with a contagious or
infectious disease to permit such dog or cat to stray from
his premises if such disease is known to the owner.
7. For any person to conceal or harbor any dog or cat on
which any required license tax has not been paid.
8. For any person, except the owner or custodian, to remove
a legally acquired license tag from a dog or cat without the
permission of the owner or custodian.
9. Any other violation of this chapter for which a specific
penalty is not provided.
B. It is a Class 1 misdemeanor for any person to:
1. Present a false claim or to receive any money on a false
claim under the provisions of § 3.2-6553; or
2. Impersonate a humane investigator.
§ 3.2-6539. Ordinance requiring dogs to be kept on leash. —
The governing body of any locality may adopt ordinances
requiring that dogs within any such locality be kept on a
leash or otherwise restrained and may, by resolution directed
to the circuit court, request the court to order a referendum
as to whether any such ordinance so adopted shall become
effective. Such referendum shall be held and conducted, and
the results thereof ascertained and certified in accordance
with § 24.2-684. The court shall require the governing body
to give appropriate notice of the time, place and subject
matter of such referendum.
The results of the referendum shall not be binding upon the
governing body of the locality but may be used in
ascertaining the sense of the voters.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
