Dog Laws In West Virginia
In West Virginia, a person injured by a dog may recover damages if they prove that the owner was negligent. An owner will generally not be found negligent unless an injured person proves that the owner could have reasonably foreseen the injury, with particular focus on the dogs past behavior and characteristics.
If a person injured by a dog can show that the owner knew that the dog had vicious or dangerous propensities, the owner will be liable without the need to prove negligence.
In West Virginia, any owner or keeper of any dog who permits such dog to run at large will be liable for any to a person while so running at large. The injured person does not have to prove that the owner of a dog was negligent if the injury was caused while the dog was “running at large.”
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In West Virginia, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.
W. Va. Code § 19-20-13
Injured By A Dog?
The information provided on this website is for general informational purposes only. The information on this site is not legal advice, and no attorney-client relationship is formed through the use of this website. Laws relating to dog injuries can, and do, change. To learn your legal rights, contact The Snow Law Firm, or contact a licensed and experienced attorney in your state.
MINOR STATUTE OF LIMITATION RULE:
In most states, when a minor is bitten or injured by a dog, the statute of limitation period does not begin to run until the minor reaches the age of 18. Thus, for example, if an 11-year-old child is bitten or injured by a dog in a state that has a 3 year statute of limitation period within which to file a lawsuit, they will have three years from the date they turn 18 years of age, and would thus have to file a lawsuit before they turn 21 years of age. In most instances, however, it is recommended that a parent or guardian bring a claim for a dog bite or injury claim on behalf of a minor child before waiting for the injured child to turn 18.
RECOVERABLE DAMAGES IN GENERAL:
Some states limit the type of damages that a person bitten or injured by a dog can recover. In most states, however, a person who is bitten or injured by a dog can recover damages that include medical expenses, future medical expenses, lost wages, loss of earnings capacity, physical pain and mental suffering, scarring, permanency of injury, periods of total and/or partial disability and loss of spousal consortium.