The running at large statute
The statute is one sentence long. West Virginia Code 19-20-13 says any owner or keeper who permits a dog to run at large is liable for any damages the dog inflicts on another person while so running at large.
Nothing in it asks whether the dog bit before. If a loose dog came off its property and bit you on a road, a trail or your own porch, this is often the strongest path. The word keeper means the person caring for the dog can be responsible too, not just the one on the license.
Does West Virginia follow the one bite rule?
When the dog was not running at large, yes, in a modified form. In Jividen v. Law, a West Virginia Supreme Court of Appeals decision, the court said a person lawfully where the injury happened has two possible claims against the owner or keeper.
The first is strict liability, which needs proof that the animal had a dangerous or vicious propensity and that the owner knew or should have known about it. The second is ordinary negligence, which can work even without that history if the owner failed to use reasonable care. The same opinion notes that before the statute, a dog bite victim had to prove the owner knew of the dog's vicious tendencies.
See how proof of a dog's past works on our one bite rule page.
West Virginia dog bite statute of limitations
You have two years. West Virginia Code 55-2-12 sets that period for damages for personal injuries.
A child gets a longer window. Under section 55-2-15, a person who was a minor when the claim arose may sue within the same two years after turning of full age, but never more than 20 years after the right accrues.
A case against a county, city or other political subdivision also uses a two-year limit, set in West Virginia Code 29-12A-6, which has its own rules for minors.
What if you share some of the blame
West Virginia uses modified comparative fault. The trier of fact assigns each person a percentage under section 55-7-13a.
The cutoff appears in section 55-7-13c. Your fault does not bar recovery unless it is greater than the combined fault of everyone else. If it is less, your award shrinks by your percentage.
Talking to a West Virginia dog bite lawyer
Since so much depends on whether the dog was at large, pin down where it was and how it got out. Was a gate left open, a chain broken or the dog simply let roam? A lawyer can collect neighbor statements and county animal control records that show the pattern.
How to report a dog bite in West Virginia
Report the bite to your local animal control or health department. The CDC, rabies after an animal bite page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the West Virginia State Bar directory.
