This case arose when the Plaintiff was going for an afternoon walk. While walking, she encountered a young man on the sidewalk ahead of her with two dogs, each on a leash. As she approached the young man and dogs, she said “excuse me.” Out of nowhere, one of the dogs lunged her, but her though, and caused her to roll her ankle. Due to that fall, she sustained an ankle fracture that requires surgery.
As it turns out, the young man was dog sitting for their owner. The Plaintiff made a claim against the owner’s homeowner’s insurance policy, and settlement was reached at $80,000.00. Her medical bills in the case were approximately $45,000.
While the Plaintiff’s injuries may have had a higher value, under Virginia’s “One Bite Rule,” it’s possible that she may have been barred from recovery given that the dog that bit her was unknown to have injured a person or companion animal in the past.
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