Dog Bite Defenses and Your Own Fault

By the FigureMyTax Editorial Team · How we calculate

The at-large statute lists no exceptions, so the defenses come from the facts and from comparative fault.

No listed exceptions

A dog law resource notes that the at-large statute has no trespasser or provocation exception, and the text does not say whether a court would let an owner raise one.

The dog was secured

If the dog was leashed or restrained, the strict liability law will not apply and courts use the one-bite or negligence rules.

No knowledge

On the owner's property, the owner can argue it had no reason to know of a dangerous propensity.

Your own fault

Under W. Va. Code 55-7-13c, your fault reduces your damages and bars them only if greater than the combined fault of all others.

Insurance

A West Virginia firm notes that homeowner's insurance commonly provides liability coverage when a dog injures someone, and West Virginia law does not require owners, including owners of a dog found vicious, to carry liability insurance or post a bond.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how West Virginia's rules apply to your specific case with a licensed West Virginia attorney.