West Virginia Dog Bite Laws: Owner Liability and Deadlines

West Virginia has a dog bite statute, but it only covers certain situations; other cases follow traditional common-law rules.

West Virginia dog bite law at a glance

Question	Answer
Type of rule	Strict liability for dogs at large; common law otherwise
Main statute	W. Va. Code 19-20-13
After a bite	10-day confinement (19-20-9a)
Filing deadline	2 years (Justia)

What West Virginia law says

W. Va. Code 19-20-13 makes owners liable for damage by dogs running at large (MSU).
A dog license is no defense to injury claims (19-20-21).

Strict liability vs. the one-bite rule

The statute imposes liability only in the situations it lists. Outside those situations, injured people rely on the common law: showing the owner knew or should have known the dog was dangerous (the "one-bite" rule) or that the owner was negligent.

Dangerous dog rules in West Virginia

Owners may not keep a dog they know is vicious, dangerous or in the habit of biting (W. Va. Code 19-20-20).
A judge may authorize a humane officer to have such a dog killed after proof.
Protection dogs need a $10 special license and must be secured (19-20-21).

Deadline to file a claim

Justia's 50-state survey lists 2 years as the general personal injury deadline (statute of limitations) in West Virginia. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

Get medical care, even for a small puncture; bites can become infected.
Get the owner's name, contact details and the dog's rabies vaccination status.
Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
Photograph the injuries and the location, and write down witness names.
Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in West Virginia leash laws.

Sources

This page summarizes state statutes for general information and is not legal advice. Laws change and cities and counties often add their own rules; check the current statute and your local ordinance, or ask a licensed attorney about your situation.

West Virginia Dog Bite Laws