Delivery driver says guard dog attacked, no charges filed. (July 6, 2009)
Hanover County -
A Hanover business owner is not facing criminal charges for a Rottweiler attack on his property last Thursday. However, Hanover Animal Control and the Commonwealth's Attorney have not ruled charges out.
Delivery driver Jim Huskey was making a freight delivery to A&G Enterprises on Route 1 when the dog attacked him, biting his arm and leg.
CBS 6 has learned Huskey is the fifth delivery driver bitten by the Rottweiler known as "Leo" since 2006, according to Hanover County records. The last case before this attack was in June, but Huskey's attack was the only one that resulted in a puncture wound.
The owner of A&G Enterprises has never faced criminal charges because Virginia makes it difficult for investigators to prove the attacks were negligent. According to Hanover Animal Control officer Kevin Kilgore, "In Virginia if a bite occurs on the owner's property, depending on the severity, the dog is protecting its property and it's not deemed a dangerous dog in the first place."
CBS 6 legal analyst Todd Stone, who's not involved in this case, says "There's probably a good case to make a civil claim because you just have to show the dog owner was aware this was a dangerous animal and was negligent in allowing it to be out there."
According to the report, workers at A&G say there were posted signs and a verbal warning for Huskey to stay in his truck. Huskey says, "I questioned him about the dog he said, yeah, he'll bite you but you should be fine with me."
Huskey says he may be suffering from nerve damage. He has not decided if he'll pursue the case civilly.
Delivery driver Jim Huskey was making a freight delivery to A&G Enterprises on Route 1 when the dog attacked him, biting his arm and leg.
CBS 6 has learned Huskey is the fifth delivery driver bitten by the Rottweiler known as "Leo" since 2006, according to Hanover County records. The last case before this attack was in June, but Huskey's attack was the only one that resulted in a puncture wound.
The owner of A&G Enterprises has never faced criminal charges because Virginia makes it difficult for investigators to prove the attacks were negligent. According to Hanover Animal Control officer Kevin Kilgore, "In Virginia if a bite occurs on the owner's property, depending on the severity, the dog is protecting its property and it's not deemed a dangerous dog in the first place."
CBS 6 legal analyst Todd Stone, who's not involved in this case, says "There's probably a good case to make a civil claim because you just have to show the dog owner was aware this was a dangerous animal and was negligent in allowing it to be out there."
According to the report, workers at A&G say there were posted signs and a verbal warning for Huskey to stay in his truck. Huskey says, "I questioned him about the dog he said, yeah, he'll bite you but you should be fine with me."
Huskey says he may be suffering from nerve damage. He has not decided if he'll pursue the case civilly.
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