West Virginia Dog Bite Lawyer

Depending on the circumstances that existed when a dog injured a person, West Virginia applies one of two different theories of liability. If a dog caused injury to a person while it is running at large, the owner will be held liable for the victim’s injuries and other losses under West Virginia’s strict liability statute (W. Va. Code § 19-20-13). A victim pursuing a strict liability claim will not be required to prove that the owner was somehow negligent or knew about the dog’s aggressive tendencies.

On the other hand, if a dog injured a person while on the owner’s property, leashed, or otherwise not “at large,” then victims in West Virginia must pursue a claim under the common law “one-bite” rule. Under this rule, an owner will be held liable only if it can be shown that they knew or had reason to know of the dog’s vicious propensities. If they had no such knowledge, or if such knowledge cannot be proven, then the owner can only be held liable through a negligence claim. In order to recover damages from a negligence claim, the victim must establish that the owner owed a duty to the victim (that is, a duty to exercise reasonable care in controlling or restraining the dog), the owner breached that duty, and the breach proximately caused the victim’s injuries.