German shepherd lawsuit in Virginia settles for $3.2 million

The vast majority of dog bite lawsuits in Virginia settle before trial.

The reasons why settlements are reached include: the severity of the victim’s injuries, the degree of negligence by the defendant (e.g., dog owner or landlord), economic and non-economic damages, pain-and-suffering, lost wages, the plaintiff’s demand for damages, the defendant’s insurance coverage and human factors such the victim’s willingness to withstand the adversarial nature of litigation.

Below, I report on a case in Virginia that settled in March 2020 for a considerable sum: $2.2 million. ^[1]Strain v. Dombroff.  Circuit Court of Fairfax of  County.  I am familiar with the fact pattern since I served I served as the plaintiff’s dog expert witness.^[2]In 2019 the average payout for a dog bite claim in the United States was $44,760 and in Virginia it was $51,434

The parties settled shortly before trial in part because of compelling evidence which alleged “despicable” conduct by the dog owner, a prominent attorney in Virginia. The dog in question was German Shepherd. In addition, Virginia dog bite law favored the plaintiff because in Virginia liability can be based, in part, on the propensities of a particular breed. ^[3]In many other states, such as California, the breed of the dog cannot be used to infer dangerous propensities.

An attack-train German Shepherd mauled the victim

In this case, an attack-trained German Shepherd mauled the defendant’s housekeeper. The injuries were severe; The victim was hospitalized. ^[4]The victim sustained 60-70 bites, permanent injury and disfigurement, emotional effects and the loss of her job. Moreover, There was no evidence suggesting that the plaintiff provoked the dog, a defense often used in  dog bite cases.

Plaintiff’s counsel sought punitive damages against the dog owner because he  allegedly failed to disclose to his housekeeper that his dog had bitten people on two previous occasions (The victim was a previous housekeeper) and that the dog had been returned to the breeder for remedial training after these instances.

Plaintiff’s counsel gathered compelling evidence to support the following arguments. Namely:

• The propensities of the breed of German Shepherd include aggression, violence, attacks against humans, and the capacity to inflict severe and deadly harm against humans.
• The training, propensities, inclinations, and characteristics of this particular professionally-trained German Shepherd attack dog included aggression, violence, one or more attacks against humans, and the capacity to inflict serious and deadly harm against humans.
• Willful and wanton reckless negligence by the defendants.

In short, this case shows that owners knowingly exposing others to a dangerous dog can be held liable for large sums if the damages are severe, as was in the current instance.

Dog bite lawsuits can result in enormous payouts

It is estimated that about 4.5 million people in the United States are bitten annually by dogs.  And more than 800,000 victims require medical attention. Some victims are hospitalized, some sustain severe disfigurement and nerve damage, and on rare occasions, victims are killed. Hence, if the case is litigated, the skill of the plaintiff’s attorney may determine the potential for a significant award.  And in some instances a reckless dog owner could face criminal charges, including jail time.

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Richard Polsky has served  as a dog bite expert witness on many occasions. He welcomes inquiries from attorneys in Virginia.