Hello. I was searching for legislation on the dangerous dog law, and your post was the most understandable to a layman. Can I get more clarification on 2 questions:

1. If my dog, who is on my property in a fenced in yard, attacks someone who is on my property without my knowledge, am I responsible?

2. If my dog, who is on my property in a fenced in yard, attacks a dog or cat, who comes through my fence unbeknownst to me, am I responsible?

Typically, in Virginia, we think of a "one bite" rule in determining fault in a dog bite case. What that really means is whether an owner has notice that their dog is dangerous or notice that their dog would bite. This is a legislative move to make certain breeds automatically a "dangerous notice" dog.

Ultimately,if the bite occurs on your property, notice would have to have occurred. Off property, notice as well as such things as leash violations also come into play. If another dog comes on your property, you probably do not have liability. To the extent that the facts show more than that, the exposure only would be to the actual dollar worth of the dog since animals are considered property in Virginia.

Thanks for contacting me and I hope that is some help.Â

Situation:
My 10 year old son kicked his soccer ball outside our fence in between the neighbors behind us fence and ours in the COMMON AREA. My son (while I was outside watching) went to retrieve his soccer ball and the neighbors dog (Golden Retriever) charged the fence barking AGGRESSIVELY. I contacted this neighbor and her response was "my dog is contained". My question is, what are if any laws about charging/aggressive dogs even though dog is fenced in when a child goes to the COMMON AREA to retrieve a ball? Should I now have to watch where my child and us walk. Even when one walks on the road (their house is on the corner) the dog charges the fence aggresively. I have witnessed this aggressive behavior with "ALL" that walk by the road near this house.

Most people who think or say that "Pit Bulls" are inherently mean have most likely never met one and rely on the inaccurate media portrayal of "Pit Bulls" as the basis for their opinions. Responsible owners deal with stereotyping, prejudice, hatred, and legal wranglings on top of their standard duties as good dog owners. If we want to stop this cycle of hatred (and we should), being a responsible owner isn't enough. Pit bull owners also need to be - to some extent - socially and politically active, knowledgeable, mature, and outspoken. Good folks who have the courage to open their heart to this breed must face the challenge of defending their "kids" against prejudice and injustices dished on them from all sides of society.

A dog's breed does not guarantee any specific temperament, appearance, or behavior - even if the dog is purebred. Each and every dog is an individual, a product of genetics and environment - both of which are strongly influenced by owners and breeders. Your dog is what you make of it. Dog ownership is a privilege and a responsibility that must be taken seriously. This is especially true for "pit bulls", whose (sorry) current situation is the result of gross human incompetence and ignorance, both at the hands of bad owners and among the general public.

The pit bull has become a scapegoat - blamed, punished, slaughtered, and abused on a scale not suffered by any other breed-type.

To start, "Pitbull" is not a breed. There are several types of dogs that are commonly called "Pit Bulls"- American Pit Bull Terrier (APBT), the American Staffordshire Terrier (AST), and the Staffordshire Bull Terrier (SBT).

* The American Canine Temperament Testing Association, which sponsors tests for temperament titles for dogs, reported that 95% of all APBTs that take the test pass, compared with a 77% passing rate for all breeds on average. The APBT's passing rate was the fourth highest of all the breeds tested (placed 4th of 122 breeds!) Why don't they put this in the news?? As a breed the pitbull does better on the temperament test than retrievers, labs, Dalmatians, and almost any other "family friendly" breed there is.

* The APBT was once considered to be a wonderful family pet by the general public. During World War I, an APBT was used to represent the United States on a propaganda poster. During the 1930's and 40's, every kid who watched the Lil' Rascals wanted a dog just like "Pete the pup" who was an APBT. He spent countless hours with children day after day and never hurt anyone. He was one of the most intelligent Hollywood dogs of all time.

* Due to the incredible strength and stamina of the APBT, one activity that has gained in popularity with APBT owners in weight pulling. Currently, APBTs hold world records in several weight classes for pulling competitions. Another activity that the APBT is ideally suited for is agility competition, where its athleticism and determination can be widely appreciated.

* DO PITBULLS HAVE A LOCKING JAW? Dr. Brisbin (from the University of Georgia) states, "The few studies which have been conducted of the structure of the skulls, mandibles and teeth of pit bulls show that, in proportion to their size, their jaw structure and thus its inferred functional morphology, is no different than that of any breed of dog. There is absolutely no evidence for the existence of any kind of 'locking mechanism' unique to the structure of the jaw and/or teeth of the American Pit Bull Terrier."

* The American PitBull Terrier ( APBT ) is one of the most intelligent and easy to train breed of dogs. The trainer of the show dog Lassie has even remarked on how the PitBull is his choice of breed for training. In fact, the highest obedience trial record of all time is held by an American Pit Bull Terrier named Maddy

* Pitbulls serve as therapy dogs!! Ruby, an APBT is a well-known therapy dog. There are a number of different pet therapy organizations in the US. Ruby is currently certified with Therapy Dogs International, Inc. The APBT may not be a traditional service dog breed, but despite the legal controversy and misconceptions that surround the animal, its heart and loyalty make it an able-bodied and hardworking companion for the disabled. Helen Keller even had a Pit Bull as her canine companion and helper.

* Alaska's first certified hearing dog was none other than an APBT. Dr. Joyce Murphy, temperament-tested 170 dogs and RCA scored the highest, so she was chosen to be the first hearing dog in Alaska. RCA traveled across the U.S. raising money to train more hearing dogs. She passed away peacefully in her sleep on June 29, 1997, at the age of 16.

* Sergeant Stubby served in WWI. During his 18 months on the front he saved his regiment from surprise mustard gas attacks and located and comforted the wounded. He was given honorary title of sergeant for saving the lives of allied soldiers. He received a hero's welcome and was even honored at the White House. He inspired the U.S. Military K-9 Corps. He also went on to become Georgetown University's mascot.

* Pitbulls serve as search and rescue dogs!! Kris Crawford and her two APBT Dakota and Cheyenne are a team of hard-working Search-and-Rescue Pit Bulls in Sacramento, California. Dakota started out as a therapy dog but after years of grueling training and a lot of hard work, she is now a respected search and rescue dog. Dakota not only saves the lives by searching for missing or abducted children or Alzheimer's patients who have wandered off, she helps bring closure to families by finding their deceased loved ones. Even bringing closure to a nation when she was called to search for the 7 astronauts who perished in the Columbia Shuttle disaster. More ...

*Pitbulls save lives!! HOLLY HILL, FLORIDA -- The dog, which has lived with her more than two years, helped save both Barbara Tollison and her sister from a fire that erupted in her Pine Ridge Road home. Tollison says she calls Buddy her "56-pound Chihuahua" because he acts like timid lap dog.

* Weela, an APBT saved the lives of thirty people, twenty-nine dogs, thirteen horses and a cat during a flood in Southern California. For her heroism, Weela was named Ken-L Ration's Dog Hero of the Year in 1993. When Reader's Digest published the story, they absolutely REFUSED to print that Weela was a Pit Bull. More ...
* "Taylor, a 4-year old pit bull, shows a real knack for his job. In his first two years on the job, he has sniffed out more than $30 million worth of narcotics. Out of more than 100 dogs in the San Diego [CA, USA] district K-9 unit, Taylor ranks as a top performer." (Summary of the December, 1997 Dog Fancy magazine: "$30 Million Sniffer Nabs Smugglers").
* Popsicle helped the feds seize 3,075 pounds of cocaine from a pineapple-laden truck at the Mexican border-the biggest drug bust ever at the Hidalgo, Texas, port of entry. "It's astounding the obstacles this dog has overcome," says US Customs Service Commissioner Raymond W. Kelley. (From People Weekly Magazine Edition April 26, 1999 The "Animal" chronicle, Page 117)

WHY DON'T YOU PUT THIS IN YOUR ARTICLES?

EDUCATE YOURSLEF ABOUT THE BREEDS AND STOP BEING BIAST.

A dog "mouthes" a person, not a bite and it results in a red mark on an individuals arm. Would that still be considered "causing an individual harm"? Where is the definition on "harming an individual".

Why is it so hard for people to realize that not all "pit bulls" are APBT's. This is a common thing now a days to say that you got atacked or chased by a "pit bull".Most people think that if a dog even resembles a APBT it is dangerous and is a "pit bull". APBT truely are wonderful pets if people would educate themselves.I my self have had 14 and they all turned out to be mans best friend. Give room in your heart to accept a "pit" or two. You will be happy you did.

I had a loving part pitbull sharpi dog for 12 years. that dog never even growled at me once in his life. but he did bite the mailman (early on) and my nephew (later in life). i loved that dog and although he was a mix, he was teritortial like most pitbulls
My question would be out of the 14 pitbulls you've owned, did any of them bite anyone?

I know that Pit Bulls in the 'right hands' are seen as wonderful pets. My question is.. When a neighbor displays negligence by ways of their 2 dogs (1 pit, 1 mutt)escaping 2-4 times a month, what can I do to protect myself and my children from their dogs-legally? My daughter is extremely fearful of dogs, not something we taught her. No injury has occurred. My other neighbor found the dog in her garage as she was hurrying out the other day, and she was taken aback. I know our daughter would have been screaming, making the situation worse!
We have a fence, but their log pile lets their dogs right in our yard... even to the point where one has been there for a whole day with us not knowing. Is there anything we can do if they get in our yard again? They haven't responded to the request to remove the pile, but we aren't in a heated situation yet.

s k:

I recommend that you contact the local police and your local animal control to report the wandering pit bull. The authorities are well aware of the dangers of this breed and should take action.