What are the Laws?

The Code of Virginia establishes clear liability in incidents involving dogs running at large or not in the proper control of their owners.  Section § 3.2-6538 of the Code holds that “the governing body of any locality may prohibit the running at large of all or any category of dogs in all or any designated portions of such locality during such months as they may designate” and defines “running at large” as “roaming, running, or self-hunting off the property of its owner or custodian and not under its owner’s or custodian’s immediate control.” Thus, Virginia law empowers any locality (city or county) to implement these laws The two most broad categories of dog laws are leash laws and “at large” laws. These laws can vary from locality to locality. If you are curious about your city or county’s laws, try searching your locality’s name then ‘leash laws’ or ‘at large dog laws’

“At Large” Laws 

At large is an important term in cases involving unleashed dogs. A dog is considered at large while roaming or running off the property of its owner or custodian and not under their immediate control. 

Leash Laws:

Leash laws require dogs to be leashed or similarly restrained when away from an owner’s property. Some localities may have general leash laws, while others may have specific ones such as leash length specifications. Just as with “at large” laws, it is important to know your locality’s leash laws as a dog owner or when considering legal action. Violation of these laws can lead to legal consequences in the case of a resulting injury.

Dog-Related Injuries 

Dog-related injuries due to not being fenced in or on a leash can occur in various ways and not just due to dog bites. Dogs may jump on or knock over a person or may attack someone walking a leached dog and cause the walker to become entwined in the leash and fall over or may in other ways inflict injury. These injuries can range from small scratches requiring disinfectant and a bandage to life-altering bone breaks or fractures requiring surgery.

What is a “Dangerous Dog” 

The Virginia statute governing what is a dangerous dog is found at Virginia Code section 3.2-6540. A dog can be deemed a “dangerous dog” by a court if it seriously injures a person, or seriously injures or kills a companion animal that is a cat or dog. If a dog is determined to be dangerous, the owner will be required to fulfill several requirements including having the animal implanted with electronic identification, posting warnings outside of their residence, or possibly paying reparations if ordered to in court. In addition, the owner will be required to register their animal in the public Virginia Dangerous Dog Registry. (https://dd.vdacs.virginia.gov/Public/Index)

The One Bite Rule 

Virginia follows a “one bite rule,” but that does not necessary mean that the dog must have bitten one prior time. Instead, a prior bite may not have happened, but the owner is liable if they knew or should have known that their animal might act in a harmful way. This can be shown through the dog’s behavioral history of aggression and the owner’s knowledge of such history. Complaints by neighbors or others, especially to animal control and other witness testimony can lend support to showing that a dog has an aggressive personality. 

There are some exceptions to the rule which include:

• A medical professional determines the dog attack only caused the victim to suffer a minor scratch, abrasion, or other minor injury.
• The dog bite occurred in a lawful dog handling or dog hunting event.
• The person injured in the dog attack was committing a crime or trespassing on the dog owner’s property.
• The victim provoked or physically abused the dog.
• The dog was an on-duty law enforcement dog.

Addressing Dog-Related Injuries

Seek Medical Attention 

Dog-related incidents can cause serious injuries. Even minor bites can pose risks such as infection. Before considering legal action, it is important to ensure your physical health and safety first. 

Considering Your Case

There are several important elements to consider when determining if you have a case for a dog-related injury.

1. Were leash laws broken?
2. Were “At Large” laws broken?
3. Can the one bite rule be shown and were any of the exceptions to the rule met?
4. Did the dog owner exercise reasonable care to stop their dog from harming others?

Consult an Attorney 

Whether you are sure or unsure of your case, an attorney is best suited to begin addressing it. At Quinn Law Centers, we have handled numerous dog-related injury cases from all across Virginia. If you or a loved one has been injured in a dog-related incident, contact us to schedule a consultation.

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What Do Paralegals Do

Host Colleen Quinn talks with paralegals Carol Hasset and Katie Obermiller about the vital role paralegals play in law firms. From client intake and trial prep to managing case files and supporting attorneys, they share insights into their daily work, training, and the challenges and rewards of the profession.

Whether you’re exploring a legal career or just curious about the behind-the-scenes of law, this episode offers a practical, inside look.

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In this episode of Raising the Bar, attorney Colleen Quinn is joined by Marty Wegbite (Central Virginia Legal Aid Society) and Ally Fannon (Greater Richmond Bar Foundation) to discuss access to legal services, pro bono work, and the challenges low-income individuals face in finding representation. They cover nonprofit support, veterans programs, and resources like the Virginia Lawyer Referral Service.

Disclaimer: These radio shows were recorded while Colleen M. Quinn was at Locke & Quinn. All shows are the property of Quinn Law Centers and Colleen M. Quinn.

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Hosted by Virginia CLE, the two-day event will be held live on site at The Woman’s Club at Bolling Haxall House and available via webcast. It kicks off with an Opening Dinner and Keynote Address on March 20, followed by a full-day Continuing Legal Education (CLE) program on March 21.

Interested in learning more or attending? Visit the link here.

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View a full list of Colleen’s Presentations & Publications for AdoptART >

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A trailblazer in the legal field, Quinn is the owner of Quinn Law Centers and was recently honored as the 2024 President of the Virginia Law Foundation. She was also recognized in the inaugural Virginia Lawyers Weekly Influential Women program in 2019. With a distinguished career spanning personal injury, medical malpractice, employment law, family formation, guardianship, and estate planning, Quinn’s insights and experience promise to inspire honorees and attendees alike.

For more details or to purchase tickets, visit Virginia Lawyers Weekly’s event page.

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View Colleen’s full list of Presentations & Publications for Personal Injury, Employment, and Litigation >

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Turning 18 marks a social and legal rebirth. With the newfound ability to get a tattoo, vote, or even buy a goldfish, your child becoming a legal adult is a step toward their independence. However, simply turning 18 does not stop you from worrying about your child’s health, finances, or overall well-being. Though they are financially and legally independent from you, there are still measures to take to ensure your child’s safety and your sanity during this transition period.

As your child begins to make big decisions in life, such as attending post-high school education, getting a job, or moving out, it may be difficult to figure out what to do if something potentially life-changing happens to your child when you are not in their immediate contact. What if they are driving to college and get into a car accident? What happens if your child contracts meningitis or another disease, becoming incapacitated or unable to make medical decisions for themselves? Changes in life come with both the beauty and tragedy of unexpectedness. Being prepared for any scenario is imperative to ensure that both you and your adult child’s wishes are met in any unexpected scenario.

Medical Planning

Once your child turns 18, you will want to get directly notified if something were to happen. If your child is in a car crash, or has to be hospitalized for any reason, without proper planning, you otherwise might not be contacted. 

A simple Health Care Power of Attorney and Advanced Medical Directive will address most any serious situation. Through this document your child can designate who will make medical decisions for them should they be incapacitated and unable to make those decisions for themselves. They can name parents or relatives, or even a close friend. With an Advanced Medical Directive, an appointed agent can make crucial medical decisions on behalf of the incapacitated individual. This encompasses authorizing treatment, engaging medical providers, facilitating hospital admission, managing insurance affairs, and making end-of-life decisions in alignment with the individual’s expressed wishes. The Advanced Medical Directive also can be registered on the Virginia registry with everyone’s contact information. Thus, if your adult child is in a car crash or otherwise ends up in the emergency room, the medical providers at that hospital can look on the registry and then contact the designated persons.

The Health Care Power of Attorney and Advanced Medical Directive also typically include a Living Will. In this document, your adult child also can indicate their desires with whether they want to be kept artificially alive or other end of life wishes. A Living Will can outline what they would want to happen in certain medical scenarios, such as if they were pregnant and wanted to stay on life support for the viability of the child. In a Living Will, your child can indicate if they want any of their eyes, organs or other body parts donated to others who need them or to research, and whether they want to be cremated or not. A Living Will guarantee you know your child’s wishes and that those wishes will be honored. 

Lastly, if your child has certain wishes for an elaborate celebration of life, or does not, they can create a Burial Designation to spell out their end-of-life plans to you and other loved ones.

Finances and Estate Planning

If your child becomes incapacitated for any reason, it is important that that have a General Power of Attorney in place whereby they can delegate who can pay their bills, deposit their checks, transfer assets, and sign legal documents on their behalf. This document can be important if you child is living on their own or has gone off to college but is in some way incapacitated and unable to handle their own affairs for a period of time. 

Although your child might not have many assets that they want to distribute as a young adult, they may have certain items that they want to go to certain individuals such as maybe a favorite pearl necklace should do to a sister or best friend. Never think your child is too young to plan out what they wish to do with their assets. Thus, ensuring that they have a Simple Will can ensure that their desires are spelled out and that their assets got to those they want and do not fall simply by statute. Proper planning with regard to beneficiaries is important. A Revocable Trust into a Pour Over Will can be utilized so as to protect your child’s assets from creditors to the extent possible and ensure a quick, confidential, and penalty-free distribution to beneficiaries. It also can address situations where assets may be going to other minors who need to receive those assets in trust. 

Special Scenarios

For children with disabilities or special issues, upon reaching the age of 18, a significant juncture is reached, with the gift of autonomy in decision-making regarding healthcare, residence, and financial matters. However, a child with severe cognitive or physical impairments can face significant hurdles in handling their own affairs. This is where the need for a Guardianship and possibly Conservatorship may be needed. 

A guardian for an adult child under a disability shoulders the responsibility of making decisions about the personal affairs of an incapacitated adult, addressing critical aspects such as health, care, safety, and therapeutic needs. Conversely, conservators take charge of the estate and financial affairs of the incapacitated adult. This designation is not triggered by mere poor decision-making; rather, it necessitates a comprehensive evaluation by a licensed professional, such as a healthcare provider, to gauge the extent of the individual’s incapacity.

In these situations, the court appoints a Guardian ad Litem (GAL) to advocate for the interests of the incapacitated adult. It’s crucial to understand that the GAL is distinct from the adult’s attorney, and the individual retains the option to enlist an attorney in addition to having a GAL. 

Guardianship often entails the forfeiture of various rights, such as the right to drive, vote, carry a gun, and marry. Conversely, a durable General Power of Attorney sometimes presents a viable alternative to Guardianship or Conservatorship. Through this legal document, an individual can designate an agent to manage their property and financial affairs in the event of incapacitation. Conferring with a qualified lawyer over the pros and cons of a General Power of Attorney coupled with a Health Care Power of Attorney/Advanced Medical Directive over the Guardianship/Conservatorship route is important. 

Last Considerations

Still, all of these suggestions are not just for documents that your child should execute, but are documents that you should consider as well. If you have not executed a will, designated a Durable Power of Attorney for Health Care or created a Burial Designation, now is the time! Make sure that your family and friends would know your wishes in a time of sadness and stress, making it easier for you now, and them later.

The post Your Child Just Turned 18 – Essential Legal and Financial Steps for Parents appeared first on Quinn Law Centers.

by Colleen M. Quinn

Talking about a prenuptial agreement may not feel romantic, but it’s a conversation every couple should have. While it can be uncomfortable and even emotional, it’s crucial for those considering marriage. Unfortunately, not every relationship ends in “happily ever after.”

A prenuptial agreement (prenup) is practical, demonstrating both care for your partner and responsibility for your future. It simplifies property division and financial support in the event of a divorce, helping to avoid messy legal battles. A prenup can even act as a financial guide during the marriage, outlining how to handle shared assets and responsibilities. It also safeguards prior relationships and assets, including inheritance, children from previous relationships, and most importantly, your financial independence.

Who Should Consider a Prenuptial Agreement?

A prenup isn’t just for the wealthy or high-profile individuals. Anyone entering into a serious relationship should consider it, especially if you:

• Have children from a prior relationship
• Bring significant assets into the marriage (over $50,000)
• Are likely to inherit substantial wealth
• Own a business or hold a significant stake in one
• Have a fast-rising career with the potential for a high salary
• Will be supporting your spouse while they pursue an advanced degree
• Plan to leave your job to care for children or manage the household
• Know your partner has a health condition that may lead to future financial challenges
• Are considering fertility treatment and the need to preserve eggs, sperm, human tissue, or other individual body parts

Too often, we hear of people who faced unnecessary hardship because they didn’t have a prenuptial agreement. Consider those who supported a spouse through medical or law school, only to later owe spousal support—even to ex-spouses with affairs or substantial salaries. Or those who sacrificed their careers to manage the home, left struggling financially during a divorce.

Transparency Is Key

For a prenup to be effective, both parties must fully disclose their financial situations—assets, income, and debts. Failing to do so can result in unexpected financial burdens during a marriage or divorce. We’ve seen clients lose their life savings because they weren’t aware of their spouse’s debt.

What If You’re Already Married?

If you’re already married, don’t worry—it’s not too late to protect yourself. Postnuptial agreements (postnups) serve the same purpose as prenups and can be entered into at any time during the marriage. We’ve worked with clients who built successful businesses during marriage but ended up at a significant disadvantage during divorce due to the lack of a postnup.

For example, one business owner we represented suffered physical and emotional abuse at the hands of an alcoholic spouse who controlled the family business. A postnup could have helped safeguard the owner’s hard-earned assets and future.

Building in Incentives for Long-Term Commitment

Remember, any contract or agreement can include incentives or sunset clauses that reward long-term commitment. For example, spouses who remain together for ten, fifteen, or twenty years may be eligible for increased financial benefits, recognizing their dedication and support throughout the marriage.

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