West Virginia dog law
Liability Statute
Any owner or keeper of a dog who permits it to run at large is liable for any damages it inflicts. If the dog is running at large at the time of the injury, the owner’s negligence need not be proven.
Common Law Liability
When a dog injures a person when it is not running at large, the owner is subject to liability for damages if the injured person proves the owner’s negligence caused the injury. In cases where the plaintiff can show that the owner had knowledge that the dog had a dangerous or vicious propensity, the owner will be strictly liable.
Vicious Dog Statute
A person is not permitted to keep a dog if he or she knows it is vicious, dangerous, or in the habit of biting or attacking other people, regardless of whether the dog wears a tag or muzzle. Once a dog is proven to be vicious, dangerous, or in the habit of biting or attacking people, a judge may authorize it to be destroyed.
Dogs Generally Considered to be Vicious
Any person who keeps a dog that is generally considered to be vicious, for the purpose of protection, must acquire a special license from the county assessor.
Owners’ Legal Responsibilities
The owner must secure the dog in a way that prevents it from injuring people who lawfully enter the owner’s property.
Owners’ Liability
The owner of a dog generally considered to be vicious is strictly liable for any injuries it causes. This vicious dog law, however, does not abolish defenses to personal injury actions.
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Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.
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