Dangerous Dog Laws in West Virginia

Contrary to popular belief, there is not a ‘one bite’ rule in WV. Generally it comes down to strict liability on the part of the dog owner.

Generally liability is often based on the knowledge of the owner. For example, a dog growling at someone but never having bitten anyone – does that give the owner knowledge of the dog’s propensity or likelihood to bite the next person? Does ownership of certain breeds imply knowledge of the dog’s propensity? Perhaps, but ultimately it’s a negligence question. If there is knowledge of viciousness, dangerousness, and so forth, there may be what amounts to strict liability because of such knowledge.

In this article, we explain the state’s laws that govern keeping dangerous dogs to keep everyone – and their dogs – safe. If you’ve sustained an injury due to a vicious dog in West Virginia, call our personal injury attorneys for a complimentary case evaluation. We would be happy to speak with you.

Rules for and Consequences of Keeping a ‘Dangerous’ Dog

Under the one-bite rule, any dog that bites someone is considered dangerous. Even if a dog does not bite anyone, it may be considered dangerous if it is vicious or threatening.

West Virginia Code 19-20-20 and 19-20-21 provide that without a special license, no one may own, keep, or harbour any dog that they know to be vicious, dangerous, or in the habit of attacking other people, whether or not the dog wears a tag or a muzzle. A court may order such a dog to be euthanized if it is not properly licensed.

In addition to obtaining a special license to keep a dog that is considered to be vicious or dangerous, the dog must be secured in such a way that prevents injury to anyone who lawfully passes through or enters the owner’s or keeper’s property. 

If a dog is considered dangerous, it will be easier for anyone the dog attacks or bites to prove liability in a personal injury lawsuit. However, a dog owner has the right to challenge a “dangerous dog” designation at a hearing. An experienced dog bite lawyer in West Virginia can help you argue your case.

Breeds That Are Illegal or Restricted in West Virginia

Unlike some states that ban certain breeds statewide, West Virginia breed bans vary depending on the city. As a result, it is important to know the laws of the city where you live. Your condo or homeowner’s association may have other restrictions as well.

The following West Virginia cities have banned or restricted certain breeds.

Barboursville

In Barboursville, owners of wolf hybrids and pit bulls must muzzle their dogs and use a leash no longer than six feet. In addition, owners must keep one of these dogs in a locked kennel or pen with a covered roof when the dog is outdoors. If kept indoors, the owner may not leave doors or windows open and must post “Beware of Dogs” signs.

Bluefield

Bluefield places restrictions similar to Barboursville’s on housing pit bulls and wolf hybrids. 

Ceredo

Ceredo bans pit bulls, an ordinance that was upheld by the West Virginia Supreme Court.

Dunbar

Dunbar prohibits owners of “vicious dogs,” including pit bulls, from permitting them to go unconfined on their premises or taking them off the premises unless securely leashed and muzzled. 

Fayetteville

Fayetteville has the same restrictions a Dunbar’s on pit bulls. 

Huntington

Huntington prohibits owning pit bulls and wolf hybrids.

Wheeling

Wheeling classifies pit bulls, American bulldogs, and canary dogs as “vicious” and places restrictions on keeping them.

It should be noted that laws are controversial for a number of reasons. First, it is often hard to identify a dog breed, especially a mixed breed. In addition, some people argue that factors such as training and socialization have far more to do with a dog’s behavior than its breed. There is also the fact that any dog can bite. 

Nevertheless, local breed restrictions remain in several West Virginia municipalities. Failing to comply with them can result in significant consequences, including fines, seizure and rehoming of the dog, and even euthanasia if there have been severe or repeat offenses. Local laws change periodically, so it is important to be familiar with the latest rules.

Liability in a Dog Bite Case

A dog owner or keeper is strictly liable for damages under West Virginia Code Section 19-20-13 if they allow the dog to roam free in public areas without being under their direct control, and the dog injures someone or damages property. Strict liability means that the owner or keeper will be held liable for any injuries or damage the dog causes under these circumstances, regardless of whether the owner or keeper was negligent or knew the dog was dangerous.

By contrast, if a dog injuries or kills someone on the owner’s or keeper’s property, the owner or keeper will not be found liable unless it is proved that they knew or should have known that the dog was dangerous – for example, if the dog had previously bitten or acted aggressively toward another individual.

Regardless of liability, West Virginia Code Section 19-20D-1 provides that if a dog attack results in medical treatment costing at least $2,000, there can be a hearing to determine whether the dog should be euthanized. The same is true if the dog attacks multiple people over a period of 12 months such that they require any medical treatment.

How the Breed Influences a Dog Bite Case

There are a few ways in which the breed can influence the outcome of a dog bite case. 

First, larger breeds can and cause more severe injuries than smaller ones, which can lead to larger damages claims.

Second, some breeds are specifically intended for guarding or hunting, which can make them more aggressive. This can make it easier to prove that the owner should have known that the dog could hurt someone.

Third, attacks by certain dog breeds such as pit bulls and rottweilers tend to make the news more than others. This can unfairly influence a jury’s general perception of a breed.

Seeking Help from a Dog Attack Attorney

The Centers for Disease Control and Prevention (CDC) report that 4.5 million people are the victims of a dog bite every year in the United States. If you were a victim, seek legal advice from an experienced personal injury lawyer in Morgantown or throughout West Virginia. Call us at 1-877-652-1031. We can evaluate the circumstances of the case to determine your legal options under the state’s dog bite laws.