Home / Resources / Dog Bite Liability
Dog Bite Liability Under West Virginia Law
An overview of how West Virginia law generally treats responsibility when a dog injures a person, for both dog owners and people who have been bitten.
West Virginia's Dog Bite Statute
West Virginia addresses dog bite liability directly in its state code. Under West Virginia Code §19-20-13, an owner or keeper of a dog who permits the dog to run at large can be held liable for damages the dog causes to the person or property of another while running at large.
This is generally described as a form of strict liability, because the statute does not require an injured person to prove that the owner knew the dog was dangerous beforehand. The key factual question under this statute is usually whether the dog was running at large — that is, not confined, leashed, or otherwise under control — at the time of the incident.
Key Terms
- Strict Liability
- A legal standard under which a person can be held responsible for harm without the injured party needing to prove carelessness or prior knowledge of danger.
- Running at Large
- A dog that is not confined to its owner's property, leashed, or otherwise under physical control.
When a Dog Is Not Running at Large
West Virginia Code §19-20-13 applies specifically to dogs running at large. When a dog is confined to its owner's property, on a leash, or otherwise restrained at the time of an incident, that statute generally does not apply, and a different legal analysis is typically used.
In those situations, ordinary negligence principles generally govern, in what is sometimes informally called a one-bite approach. Under that approach, an injured person typically needs to show that the owner knew, or reasonably should have known, that the dog had dangerous tendencies — for example, because it had bitten or threatened someone before — and did not take reasonable precautions.
Key Terms
- Negligence
- A failure to use the level of care a reasonable person would use in similar circumstances, resulting in harm to someone else.
Local Leash and Animal Control Rules
Many West Virginia counties and municipalities also have leash laws or animal control ordinances requiring dogs to be restrained in certain places or situations. These local rules exist alongside state law, and whether a local ordinance was followed can be relevant to how a specific incident is evaluated.
What This Can Mean for a Dog Owner
For a dog owner, the running-at-large statute generally means that keeping a dog confined or leashed carries legal weight, not only local or social expectations. If a dog gets loose and injures someone, the statute can create liability even where the dog has no history of aggressive behavior.
Homeowner's and renter's insurance policies sometimes include coverage for dog bite incidents, which is one reason these claims are often handled, at least initially, through an insurance process rather than a lawsuit.
What This Can Mean for Someone Who Was Bitten
For someone who has been bitten, which legal framework applies — the running-at-large statute or a general negligence analysis — often depends on where and how the incident happened. Details such as photographs of the injury, any animal control or law enforcement report, and information about whether the dog had bitten or threatened anyone previously can all be relevant.
Medical care for a bite wound also matters for reasons beyond the legal process, since bites carry a risk of infection and may raise questions about the dog's vaccination history that local health or animal control officials typically address.
As with other personal injury matters in West Virginia, the general two-year filing period under West Virginia Code §55-2-12 typically applies to a lawsuit based on a dog bite injury, although specific circumstances can affect timing.
Common Questions
Is West Virginia a strict liability state for dog bites?
In part. West Virginia Code §19-20-13 imposes liability on an owner or keeper who permits a dog to run at large when that dog causes injury or damage. When a dog is not running at large — for example, if it is confined to the owner's property — a more traditional negligence analysis generally applies instead.
Does the owner have to have known the dog was dangerous?
Under the running-at-large statute, an injured person generally does not need to prove the owner knew the dog was dangerous. Outside that statute, prior knowledge of a dog's dangerous tendencies is typically a more central question.
What if the bite happened on the dog owner's own property?
Whether the running-at-large statute applies can depend on the specific circumstances, including whether the dog was confined or restrained at the time and how the injured person came to be there. This is often a fact-specific question rather than one answered by a single rule.
Does homeowner's insurance cover dog bite claims?
Many homeowner's and renter's policies include some coverage for dog bite incidents, though coverage varies by policy and can include exclusions, such as for certain breeds or for a dog with a prior history of biting.
How long does someone have to bring a dog bite claim in West Virginia?
West Virginia generally applies a two-year filing period to personal injury claims, including many dog bite claims, under West Virginia Code §55-2-12. Specific circumstances can affect this general time frame.
This article is provided for general informational purposes and does not constitute legal advice. Laws change, and individual circumstances vary. If you have questions about how West Virginia law applies to your situation, consult a licensed attorney.