At-Large Strict, Otherwise One-Bite in West Virginia

By the FigureMyTax Editorial Team · How we calculate

West Virginia uses two tracks, and which one applies depends on whether the dog was loose.

The statute

W. Va. Code 19-20-13 says any owner or keeper who permits a dog to run at large is liable for any damages inflicted upon the person or property of another by the dog while it is running at large.

What "at large" means

A firm summary says that in Marcum v. Bellomy the Supreme Court of Appeals concluded a dog is permitted to run at large if it is not properly secured, however it got loose, so the owner is strictly liable.

Everything else

If the dog was on the owner's property or restrained, summaries say the older common-law one-bite rule applies and knowledge becomes the central question, alongside ordinary negligence.

The vicious dog statute

W. Va. Code 19-20-20 prohibits owning, keeping or harboring a dog known to be vicious, dangerous or in the habit of biting, and lets a court authorize a humane officer to have it killed. Section 19-20-21 requires a special license and secure confinement for a dog kept as vicious for protection, and says that is no defense to a personal injury action.

Deadline

Two years, under W. Va. Code 55-2-12.

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.