West Virginia Dog Bite Laws: Understanding Your Rights
Over 4 million people are bitten by dogs each year in the US, and dog bites can cause serious injuries and emotional trauma. If you or a loved one has been bitten by a dog in West Virginia, it’s important to understand your rights and legal options. Our experienced West Virginia dog bite attorneys are here to help you navigate this complex area of law and seek the compensation you deserve.
Strict Liability for Dog “Running at Large” in West Virginia
West Virginia Code §19-20-13 states that a dog owner is liable for injuries and damages to property caused by their dog if it was “running at large” at the time of the incident. This means the dog was not under the owner’s control, such as being off-leash and outside of the owner’s property. In these cases, the owner is strictly liable, meaning you don’t need to prove they were negligent or knew the dog was dangerous.
West Virginia Code §19-20-13 specifically states, “Any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages.” What if a dog owner claims they didn’t permit their dog to run at large, it just accidentally escaped? Would they be strictly liable then for any injuries the dog caused?
In Marcum v. Bellomy, the WV Supreme Court of Appeals addressed this question. The Court concluded that, “A dog is permitted to run at large” if he is not properly secured. Therefore, regardless of how the dog became unsecured and running at large, if it’s not properly secured and bites someone, the dog owner or keeper is strictly liable.
“One-Bite Rule” on Owner’s Property
If a dog bite occurs on the owner’s property, West Virginia generally follows the “one-bite rule.” This means you must prove the owner knew or should have known their dog had a propensity to bite or be aggressive. Evidence of a prior bite or aggressive behavior can be used to establish liability.
What to Do After a Dog Bite in West Virginia
- Seek medical attention: Your health is the priority. Even seemingly minor bites can lead to infections. An emergency room will also help you determine if you need rabies shots.
- Report the bite: Report the incident to the local animal control or law enforcement. This creates an official record of the event.
- Gather information: If possible, get the dog owner’s name and contact information, and any witness information.
- Preserve evidence: Take photos of your injuries and the location of the incident.
- Contact an attorney: An experienced WV dog bite lawyer can help you understand your rights and pursue a claim for damages.
Compensation for WV Dog Bite Injuries
You may be entitled to compensation for:
- Past and Future Medical expenses
- Past and Future Lost wages
- Past and Future Pain and suffering
- Past and Future Emotional distress
- Scarring and disfigurement
- Punitive Damages in limited circumstances
Free Consultation With Experienced WV Dog Bite Lawyer: Don’t Delay, Contact Us Today
If you’ve been injured by a dog bite in West Virginia, don’t hesitate to contact our law firm for a free consultation. Our toll free number is 1-877-943-9378, and there’s No Fee Unless we win. We’ll review your case, explain your legal options, and fight to get you the justice and compensation you deserve.
Lance Bork