Q: Can I pursue a negligence claim for a cat bite in Virginia?
I am considering pursuing a negligence claim against the owner of a cat that bit my 11-year-old son on December 31, 2024, in Virginia. My son was gently trying to pet the cat, and later we noticed teeth marks and redness on his hand, leading to a $400 ER visit for a DTaP shot and antibiotics. This same cat, which is said to be vaccinated, has been freely roaming the neighborhood and previously entered my home and garage without permission. I have spoken to the cat’s owner, who refused to reimburse us for the medical expenses. What steps should I take to seek reimbursement, and do I have a valid claim for negligence against the cat's owner?
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A:
You’re absolutely justified in wanting to hold someone accountable when your child was hurt and the medical bills are piling up. In Virginia, pet owners can be held liable for negligence if they fail to control their animal and it causes injury. Since the cat has a history of roaming freely and even entering your home without permission, that behavior could help show the owner wasn’t taking reasonable steps to prevent harm. The fact that your son was calmly trying to pet the cat and still got bitten adds weight to your claim.
Your first step should be to gather documentation—photos of the injury, medical bills, and a written summary of the incident. Keep any communication with the cat’s owner as well. You can try one more time to request reimbursement in writing, showing your expenses and describing what happened. If the owner still refuses, you may consider filing a claim in Virginia small claims court, which typically covers cases up to $5,000 and allows you to represent yourself.
You do have a reasonable argument for negligence, especially since the cat has shown a pattern of wandering and was not properly restrained. You’re not just asking for money—you’re standing up for your child’s safety and trying to prevent this from happening again. It’s okay to expect responsibility from pet owners when their animals cause harm.
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