West Virginia Dog Bite Laws: Liability and Victim Rights

How West Virginia Dog Bite Liability Works

West Virginia does not follow a single, simple rule for dog bite cases. Instead, the state uses a hybrid liability system that combines two legal standards depending on the circumstances of the bite.

The two standards are strict liability for dogs running at large and the common law one-bite rule for other situations. Understanding which standard applies to your case is critical for determining whether you can recover compensation.

Strict Liability for Dogs Running at Large

Under W. Va. Code § 19-20-13, "any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages inflicted upon the person or property of another by such dog while so running at large."

This creates strict liability, meaning the victim does not need to prove:

• The owner was negligent
• The owner knew the dog was dangerous
• The dog had bitten anyone before

The victim only needs to show three things: (1) the defendant owned or kept the dog, (2) the dog was running at large, and (3) the dog caused injury or property damage.

A dog is considered "running at large" when it is off the owner's property and not under the direct control of the owner or a responsible person. If the dog was roaming freely in a neighborhood, park, or public area at the time of the bite, this strict liability standard applies.

The One-Bite Rule on Owner's Property

When a dog bites someone on the owner's property or while under the owner's control, West Virginia courts apply the common law one-bite rule. Under this standard, the victim must prove the dog owner knew or should have known the dog had dangerous or aggressive tendencies.

Evidence that may establish an owner's knowledge of dangerous propensities includes:

• Previous bites or attacks on people or animals
• Aggressive behavior such as lunging, growling, or snapping at people
• The owner keeping the dog chained or behind warning signs
• Complaints from neighbors or animal control reports
• The dog's breed or training history (as supplemental evidence)

The one-bite rule does not literally require a previous bite. Any evidence showing the owner was aware the dog posed a risk can satisfy this element.

Negligence as an Alternative Theory

Even when strict liability does not apply, victims can still pursue a claim under general negligence principles. To prove negligence, the victim must show:

• The dog owner owed a duty of care (all dog owners owe reasonable care to prevent their dogs from harming others)
• The owner breached that duty (for example, by failing to leash, confine, or supervise the dog)
• The breach directly caused the victim's injuries
• The victim suffered actual damages

Negligence claims are especially useful when the bite occurred on the owner's property but the owner did not technically "know" of the dog's dangerous tendencies.

Key West Virginia Dog Bite Statutes

West Virginia's dog bite laws are found primarily in W. Va. Code Chapter 19, Article 20, which governs dogs and cats. Here are the most important sections:

Statute	Subject	Key Provision
§ 19-20-13	Running at large liability	Owner strictly liable for damages caused by dog running at large
§ 19-20-20	Keeping vicious dogs	Prohibits keeping known vicious dogs; court may order dog destroyed
§ 19-20-21	Vicious dog license	Requires $10 special license for dogs kept for protection
§ 19-20-9A	Rabies quarantine	Mandatory 10-day quarantine after a bite for rabies observation
§ 19-20-19	General penalties	Misdemeanor: up to $100 fine and/or 30 days in jail
§ 55-2-12	Statute of limitations	Two-year deadline for personal injury lawsuits
§ 55-7-13a	Comparative fault	Modified comparative fault with 50% bar

Vicious and Dangerous Dog Laws

West Virginia law addresses dangerous dogs through two primary statutes that create obligations for owners of dogs known to be aggressive.

Prohibition on Keeping Vicious Dogs (§ 19-20-20)

Under W. Va. Code § 19-20-20, no person may "own, keep or harbor any dog known by him to be vicious, dangerous, or in the habit of biting or attacking other persons, whether or not such dog wears a tag or muzzle."

If a court or magistrate receives satisfactory proof that a dog is vicious, dangerous, or in the habit of biting or attacking people or other animals, the judge may authorize a humane officer to have the dog destroyed.

Special License for Protective Dogs (§ 19-20-21)

There is one exception to the prohibition on keeping vicious dogs. Under W. Va. Code § 19-20-21, a person who keeps a dog "generally considered to be vicious" for the purpose of protection must:

• Obtain a special license from the county assessor (the fee is $10)
• Pay this license in addition to the standard dog license required under § 19-20-2
• Properly secure the dog to prevent injury to anyone who lawfully enters the property

Failure to obtain this license or adequately secure the dog can result in criminal penalties and strengthens a victim's civil case.

Comparative Fault in West Virginia Dog Bite Cases

West Virginia follows a modified comparative fault standard under W. Va. Code § 55-7-13a. This rule directly affects how much compensation a dog bite victim can recover.

The 50% Bar Rule

If a victim is found to be 50% or more at fault for the dog bite incident, the victim is completely barred from recovering any damages. If the victim's fault is 49% or less, the victim can recover damages, but the award is reduced by the victim's percentage of fault.

For example, if a jury awards $100,000 in damages but finds the victim was 30% at fault (perhaps for approaching a chained dog despite warning signs), the victim would recover $70,000.

Special Protection for Young Children

West Virginia law provides important protection for children under age 7. Courts presume that children younger than 7 are incapable of negligence. This means a dog owner cannot use comparative fault to reduce or eliminate damages when the victim is a young child.

Statute of Limitations for Dog Bite Claims

Under W. Va. Code § 55-2-12, a dog bite victim has two years from the date of the injury to file a personal injury lawsuit. Missing this deadline almost always results in the permanent loss of the right to sue.

Important timing considerations include:

• The two-year clock starts on the date of the bite, not the date the victim discovers the full extent of injuries
• Minors receive an extension: the statute of limitations is tolled (paused) until the minor turns 18, giving them until age 20 to file
• Claims against government entities (such as a dog owned by a state or municipal employee) often have shorter notice requirements, sometimes as little as 30 days
• Property damage claims caused by a dog also carry a two-year deadline under the same statute

Filing promptly preserves evidence, keeps witnesses available, and ensures you meet all procedural requirements.

Damages Available to Dog Bite Victims

West Virginia dog bite victims may recover both economic and non-economic damages.

Economic Damages

These cover measurable financial losses:

• Emergency medical treatment and hospitalization
• Surgery, including reconstructive or plastic surgery
• Physical therapy and rehabilitation
• Prescription medications
• Lost wages during recovery
• Loss of future earning capacity
• Property damage (such as torn clothing or broken items)

Non-Economic Damages

These compensate for subjective harm:

• Physical pain and suffering
• Emotional distress and anxiety
• Scarring and permanent disfigurement
• Post-traumatic stress, especially in children
• Loss of enjoyment of life

Punitive Damages

In rare cases where a dog owner acted with extreme recklessness or intentional disregard for public safety, a court may award punitive damages. For example, an owner who repeatedly allowed a known vicious dog to run loose despite prior biting incidents might face punitive damages.

Rabies Quarantine Requirements

Under W. Va. Code § 19-20-9A, any person who owns or harbors a dog, cat, or other domesticated animal that bites a person must immediately confine and quarantine the animal for a 10-day observation period.

This quarantine applies regardless of whether the animal has been vaccinated against rabies. The purpose is to monitor the animal for signs of rabies during the incubation period. Dog owners who fail to comply with quarantine requirements face penalties under the general provisions of the article.

Dog Owner Responsibilities

West Virginia law imposes several obligations on dog owners:

• Confinement: Dogs must be kept under the owner's control. Allowing a dog to run at large creates strict liability under § 19-20-13
• Licensing: All dogs must be licensed through the county assessor under W. Va. Code § 19-20-2
• Rabies Vaccination: West Virginia law requires rabies vaccination for dogs
• Leash Laws: While there is no statewide leash law, many municipalities (including Charleston, Huntington, and Morgantown) have local leash ordinances
• Vicious Dog Requirements: Owners of known vicious dogs must obtain a special $10 license and securely confine the animal (§ 19-20-21)
• Post-Bite Quarantine: After any bite, the owner must quarantine the animal for 10 days (§ 19-20-9A)

Violating any of these requirements strengthens a victim's case and may result in misdemeanor charges.

Breed-Specific Legislation in West Virginia

West Virginia has no statewide breed-specific legislation. The state's dangerous dog laws focus on individual dog behavior rather than targeting specific breeds.

However, some West Virginia municipalities have enacted local breed-specific ordinances:

• Barboursville requires pit bulls and wolf hybrids to be leashed (no longer than six feet) and muzzled in public under Section 505.09 of the Barboursville Codified Ordinances
• Bluefield has similar muzzle and leash requirements for pit bulls and wolf hybrids under Section 3-32 of the Bluefield Code of Ordinances
• Credo prohibits ownership of pit bulls entirely
• Wheeling has declared pit bull terriers to be vicious dogs

The trend in West Virginia, consistent with national trends, is moving away from breed-specific bans toward behavior-based dangerous dog laws. Check your local municipal ordinances for current restrictions in your area.

Landlord Liability for Dog Bites

A landlord in West Virginia may face liability when a tenant's dog bites someone under certain conditions. Landlord liability is based on negligence principles, and a victim typically must prove:

• The landlord knew the tenant's dog was dangerous or had aggressive tendencies
• The landlord had the authority and ability to remove the dog from the property (for example, through lease provisions)
• The landlord failed to take reasonable steps to address the danger

Landlords can reduce their risk by including clear pet policies in lease agreements, requiring tenants to carry renter's insurance with liability coverage, and acting promptly when they receive complaints about a tenant's aggressive dog.

Criminal Penalties for Dog Owners

West Virginia imposes criminal penalties on dog owners in several situations.

General Misdemeanor Penalties (§ 19-20-19)

Under W. Va. Code § 19-20-19, violating any provision of the dogs and cats article carries a misdemeanor penalty of up to $100 fine, up to 30 days in jail, or both. Magistrate courts share jurisdiction with circuit courts to enforce these penalties.

Keeping a Known Vicious Dog (§ 19-20-20)

Knowingly keeping a vicious dog without the required special license and proper confinement violates § 19-20-20 and can result in criminal prosecution. A court may also order the dog destroyed.

Serious Injury or Death Cases

When a dog kills or seriously injures a person, and the owner knew the dog was dangerous and failed to take precautions, prosecutors may bring felony charges under West Virginia's general criminal statutes. Intentionally using a dog as a weapon to injure someone can result in assault charges.

How to File a Dog Bite Claim in West Virginia

If you have been bitten by a dog in West Virginia, take these steps to protect your legal rights:

1. Get medical treatment immediately. Dog bites carry a risk of infection, nerve damage, and scarring. Medical records also serve as critical evidence.
2. Report the bite to animal control. File a report with your local animal control agency and law enforcement. This creates an official record of the incident.
3. Identify the dog and owner. Get the owner's full name, address, phone number, and homeowner's or renter's insurance information.
4. Document everything. Photograph your injuries, the location of the attack, and the dog if possible. Take photos over the following days and weeks as injuries heal or worsen.
5. Collect witness information. Get names and contact information from anyone who saw the attack.
6. Preserve physical evidence. Keep torn or bloody clothing and any other items damaged in the attack.
7. Request animal control records. Ask whether the dog has any prior bite history or complaints on file.
8. Consult a personal injury attorney. An attorney experienced in West Virginia dog bite law can evaluate which liability standard applies, identify all liable parties, and handle insurance negotiations.

More West Virginia Laws

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• West Virginia Lemon Laws
• West Virginia Sexting Laws
• West Virginia Car Seat Laws
• West Virginia Statute of Limitations

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• Virginia Statute of Limitations
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