How would I file a small claims lawsuit in Virginia?
Full Question:
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.
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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.
