Virginia: Dogs that bit five-year-old child were Belgian malinois

A serious dog attack involving a young child may raise questions about the dog owner’s knowledge, supervision, warnings, containment, insurance and compliance with Virginia law.

Liability is not determined by the dog’s breed alone. The investigation should focus on the individual animals’ behaviour, any prior incidents, what the owner or custodian knew, how the child and dogs were supervised and whether reasonable precautions were taken.

This article discusses a dog attack reported in Chesapeake, Virginia, in December 2015. It also explains how current Virginia law may apply when a child is injured by a dog. It does not state that any person involved in the historical incident was ultimately found civilly liable.

What Was Reported About the Chesapeake Dog Attack?

The original Atkinson Law article was published on December 14, 2015, after local news reported that a five-year-old girl had been seriously injured while visiting friends with her mother at a Chesapeake home.

Contemporary reporting stated that:

• The child had been playing with two dogs before the attack.
• She suffered a serious bite injury involving her neck.
• She was transported by air for emergency care.
• She later underwent surgery at Children’s Hospital of The King’s Daughters.
• The two dogs were taken into animal-control custody while police investigated.
• The dogs were identified in the report as Belgian Malinois.

The fact that the child had been playing with the dogs does not establish that she provoked them or caused the attack.

What happened after the initial report?

Later public reporting indicated that the child survived but experienced extensive injuries, surgeries and rehabilitation.

Because the original report was preliminary, the revised page should not speculate about:

• The precise trigger for the attack
• Whether one or both dogs caused particular injuries
• The dogs’ previous behaviour
• Whether any owner had prior notice
• The final animal-control outcome
• Whether an insurance claim or lawsuit was filed
• Whether a person was ultimately found liable

Why the Dogs’ Breed Does Not Determine Liability

Virginia law does not allow a dog to be classified as dangerous solely because it belongs to a particular breed.

A useful legal and safety analysis should instead consider:

• The individual dog’s previous behaviour
• Prior bites or attempted bites
• Aggression toward children, visitors or other animals
• Animal-control complaints
• Training and handling history
• Escape or confinement problems
• Warnings given by the owner
• The dog’s response to food, toys, touch and unfamiliar people
• The supervision provided during the visit

Belgian Malinois are commonly associated with demanding working roles, but breed characteristics do not prove that a particular dog was dangerous or that its owner was negligent.

Can a Five-Year-Old Be Blamed for a Dog Attack?

Under Virginia precedent, a child under seven is conclusively presumed incapable of contributory negligence.

Therefore, a five-year-old should not be held to the same judgement, awareness or self-protection standard as an adult.

Statements such as “the child was playing with the dogs” do not establish legal fault. The investigation should determine:

• What the child was doing immediately before the attack
• Whether an adult was actively supervising
• Whether the owner gave instructions or warnings
• Whether the dogs had shown signs of fear, stress or aggression
• Whether the owner should have separated or restrained the dogs
• Whether the environment allowed the adults to respond quickly

The conduct of adults responsible for supervision may require separate analysis, but negligence by another person should not simply be attributed to the child.

Is a Virginia Dog Owner Automatically Liable?

No. Virginia does not impose automatic civil liability after every dog bite.

A claim may be based on one or more of the following theories:

• Knowledge of dangerous tendencies
• Negligent supervision
• Negligent handling or restraint
• Failure to warn visitors
• Violation of an applicable safety ordinance
• Failure to comply with an existing dangerous-dog order

The claimant must generally prove a recognised legal duty, breach of that duty, causation and recoverable damages.

What Evidence May Show That the Owner Knew of a Risk?

A previous human bite can provide significant evidence, but it is not the only way to establish notice.

Potential evidence includes:

• A prior bite or attempted bite
• Lunging or charging at visitors
• Attacks on dogs or other animals
• Growling, snapping or guarding behaviour
• Previous animal-control reports
• Warnings given to neighbours or guests
• Muzzle or special-restraint use
• Reinforced fencing or escape history
• Veterinary or training records
• Statements from previous caretakers
• A prior dangerous-dog finding

The evidence must be considered in context. Normal barking, size, breed or high energy alone does not necessarily establish a known tendency to attack.

Can an Owner Be Liable Without a Previous Bite?

Potentially. Ordinary negligence may support a claim even when there is no documented previous bite.

Examples may include:

• Allowing a young child to interact with dogs without active supervision
• Ignoring visible signs that a dog was uncomfortable
• Leaving several excitable dogs with a small child
• Failing to use an available gate, leash or separate room
• Allowing a child near food, puppies or guarded objects
• Failing to provide a warning about known handling limitations
• Using a damaged or inadequate enclosure

The issue is whether the owner or custodian acted reasonably under the circumstances and whether the failure caused the injury.

Does a Homeowner Have a Duty to a Visiting Child?

A person who invites a child into a home should consider foreseeable dangers on the property, including risks presented by resident animals.

Relevant questions may include:

• Was the child invited or permitted to be there?
• Did the homeowner know the dogs would be present?
• Was the homeowner familiar with the dogs’ behaviour around children?
• Were the adults able to monitor the interaction continuously?
• Were the dogs separated when supervision was interrupted?
• Did the owner provide accurate warnings?
• Were safe barriers or restraints readily available?

Merely owning or occupying the property does not automatically establish liability. The person’s knowledge, control and conduct must be examined.

What Is a Dangerous Dog Under Virginia Law?

Under Virginia Code § 3.2-6540, animal control or law enforcement may seek a court determination that a dog is dangerous.

A dog may fall within the statute when it directly causes a serious injury to a person, including:

• A laceration
• A broken bone
• A substantial puncture of the skin by teeth
• Another serious injury meeting the statutory standard

The Commonwealth must prove the dangerous-dog proceeding beyond a reasonable doubt.

The proceeding is separate from the child’s civil personal injury claim.

Can the court order restitution?

After finding a dog dangerous, the court may order restitution for actual damages.

That order does not prevent the injured person from pursuing a separate civil claim, including for losses that arise after the dangerous-dog decision.

Can the dog be declared dangerous because it is a Belgian Malinois?

No. Virginia prohibits a dangerous-dog finding based solely on breed.

What Happens After a Dangerous-Dog Finding?

Current Virginia law may require the owner to:

• Have the dog spayed or neutered
• Have registered electronic identification implanted
• Maintain at least $100,000 in liability insurance covering animal bites
• Register the dog and maintain the required identification tag
• Post warning signs
• Use secure confinement
• Use a physical leash and secure muzzle in applicable outdoor circumstances
• Notify animal control about relocation, escape, transfer or later claims

These obligations apply after the legal finding. They do not apply automatically to every Belgian Malinois, German Shepherd or other working dog.

What Should a Parent Do After a Child Is Bitten?

Move the child to safety

Create distance between the child and the animal. Do not attempt to punish, chase or capture the dog when doing so could cause another attack.

Call emergency services when needed

Call 911 for:

• Serious or uncontrolled bleeding
• A bite to the face, neck or head
• Difficulty breathing
• Loss of consciousness
• Possible fracture
• Loss of sensation or movement
• Deep or extensive wounds
• Any injury that appears life-threatening

Wash the wound

Wash the injury thoroughly with soap and plenty of water. Apply ordinary first aid while waiting for medical assistance.

Obtain medical evaluation

A healthcare professional can evaluate:

• Wound cleaning and closure
• Infection risk
• Tetanus status
• Rabies exposure
• Nerve, tendon and vascular injury
• Fracture
• Need for plastic or reconstructive care

Report the incident

Contact the appropriate animal-control or law-enforcement agency.

Provide:

• The attack location and time
• The dog owner’s information
• A description of each dog
• Where the dogs are located
• Witness information
• The circumstances immediately before the attack

What Happens During Rabies Observation?

A dog, cat or ferret that may have exposed a person to rabies may be confined and observed for ten days under the direction of public-health and animal-control authorities.

The parent should not delay medical guidance while waiting for the observation period to end.

A healthcare professional and local health officials can determine whether rabies post-exposure treatment is appropriate.

What Evidence Should Be Preserved?

Potentially important evidence includes:

• Animal-control and police reports
• Photographs of the injuries over time
• Medical records and itemised bills
• Torn or bloodstained clothing
• Witness contact information
• Photographs or video of the dogs
• Home surveillance or doorbell footage
• Messages between the visiting family and homeowner
• Veterinary, training and boarding records
• Previous bite or complaint records
• Homeowners, renters and umbrella insurance policies
• Documents showing school and activity restrictions

Preserve original electronic files. Do not alter photographs, delete messages or coach witnesses.

Who May Be Responsible?

Potential parties may include:

• The legal owner of either dog
• A person keeping, supervising or handling the dogs
• The homeowner or occupier in limited circumstances involving knowledge and control
• A business or trainer whose separate negligence contributed to the risk
• Another person who negligently released or transferred control of the dogs

Each potential party requires a separate legal basis. A relationship with the dogs or property does not automatically establish liability.

What Compensation May Be Available?

When liability, causation and damages are established, the child’s claim may include:

• Emergency transportation and treatment
• Hospitalisation
• Surgery
• Past medical expenses
• Reasonably anticipated future care
• Physical and occupational therapy
• Psychological counselling
• Medication
• Physical pain and inconvenience
• Scarring and disfigurement
• Nerve, tendon or mobility impairment
• Effects on school and ordinary childhood activities
• Other losses recoverable under Virginia law

Compensation is not automatic. The amount depends on liability, medical evidence, prognosis, insurance, legal defenses and individual circumstances.

Who Recovers the Child’s Medical Expenses?

For Virginia claims accruing on or after July 1, 2013, past and future expenses of treating a minor’s personal injuries are generally recoverable within the child’s claim.

A parent or guardian who paid or remains personally obligated to pay those expenses may have a lien and right of reimbursement against the child’s recovery.

The gross settlement should therefore be distinguished from the amount ultimately protected or distributed for the child.

Does a Child’s Settlement Require Court Approval?

A Virginia court may review and approve a settlement made on behalf of a minor.

The court may consider:

• The settlement amount
• Liability and litigation risks
• Attorney fees and case expenses
• Medical liens and reimbursement claims
• The child’s present and future needs
• How the proceeds will be paid or protected

The court may direct payment to a qualified fiduciary, court-controlled account or approved structured arrangement.

What Insurance May Cover a Child Dog-Bite Claim?

Potential coverage may include:

• Homeowners insurance
• Renters insurance
• Umbrella liability coverage
• Special animal-liability coverage
• Another applicable household or business policy

Coverage may be affected by:

• Canine or breed exclusions
• Prior incidents
• Whether the dog was disclosed
• Who qualified as an insured
• Where the attack occurred
• Who owned or controlled the dog
• The available policy limit

An insurance policy does not establish liability, and a viable claim does not guarantee that adequate insurance exists.

How Long Does a Child Have to File?

Under Virginia Code § 8.01-243, a personal injury action generally has a two-year limitations period.

Under Virginia Code § 8.01-229, infancy may suspend the running of the limitations period for the child’s own claim, subject to other statutes and circumstances.

Do not postpone the investigation solely because tolling may apply. The following may be lost much sooner:

• Surveillance video
• Animal-control records
• Training and veterinary records
• Witness memories
• Insurance information
• Evidence concerning previous incidents

How Can Dog Owners Protect Young Visitors?

No single precaution is appropriate for every animal, but reasonable safety measures may include:

• Discussing the dogs before the visit
• Using a secure gate, room, crate or enclosure when separation is needed
• Providing continuous adult supervision
• Allowing only one controlled dog to interact at a time
• Avoiding interaction around food, toys or puppies
• Watching for fear, freezing, avoidance, growling or guarding
• Ending the interaction when the dog or child becomes overstimulated
• Teaching children not to climb on, chase, hit or corner dogs
• Using a qualified trainer or veterinary behaviour professional when warning signs exist

Supervision means an adult is close enough and attentive enough to intervene. Being somewhere else in the home is not necessarily active supervision.

Frequently Asked Questions

Are Belgian Malinois automatically considered dangerous in Virginia?

No. Virginia prohibits a dangerous-dog finding based solely on breed.

Can a five-year-old be contributorily negligent?

Virginia precedent conclusively presumes that a child under seven is incapable of contributory negligence.

Does playing with a dog mean the child provoked it?

No. Ordinary play does not automatically establish legal provocation. The specific conduct and surrounding circumstances must be evaluated.

Does the dog need a previous bite history?

Not necessarily. A claim may be based on other known warning signs, negligent supervision, negligent restraint or violation of an applicable safety requirement.

Is a dangerous-dog finding required before filing a civil claim?

No. The animal-control proceeding and civil injury claim are separate.

Can two dog owners or handlers both be responsible?

Potentially. Each person’s ownership, knowledge, control, conduct and causal role must be established separately.

Can the homeowner be responsible when someone else owns the dog?

Potentially, but only when the evidence supports a recognised duty based on knowledge, control, possession or other conduct.

Does homeowners insurance always cover a dog attack?

No. Coverage depends on the policy, exclusions, insured parties, location, prior incidents and other terms.

Who receives compensation when the victim is a child?

The claim belongs to the child. A court may approve the settlement and direct how the proceeds are protected or paid.

Does hiring a lawyer guarantee compensation?

No. The outcome depends on duty, breach, causation, damages, evidence, insurance and applicable defenses.

Discuss a Child Dog-Bite Claim With Atkinson Law

A serious dog attack involving a child may require investigation of:

• The dogs’ previous behaviour
• The owner’s knowledge
• Supervision and containment
• Animal-control findings
• Medical prognosis and future care
• Insurance policies
• Minor-settlement requirements
• Applicable filing deadlines

Ed Atkinson’s experience training and handling Belgian Malinois may provide practical familiarity with working-dog behaviour and control. That background does not replace the legal and evidentiary requirements of an individual claim.

Learn more about working with a Virginia dog bite lawyer or a Virginia child injury lawyer.

Contact Atkinson Law to request a free, no-obligation consultation concerning a child injured in a Virginia dog attack.

This page provides general legal, medical, animal-safety and historical information. It does not establish the cause of the December 2015 Chesapeake attack, the final status of the dogs or civil liability against any person. Seek prompt medical attention after an animal bite. Reading this page or contacting the firm does not create an attorney-client relationship.