My child was attacked while bothering a neighbor’s dog. Can I file a claim?
Miley Legal Group
If your child was the victim of a dog attack while bothering the dog, you may still be able to file a claim for compensation. The following circumstances may be applicable to establishing owner liability:
- The dog was running at large. According to dog bite laws in West Virginia, the owner of a dog that was not properly secured and was allowed to run at large may be held liable for the damages inflicted by the animal.
- The owner of the dog violated the “dangerous dog” law. West Virginia enforces the “vicious dog” or “dangerous dog” rule. According to this rule, it is the responsibility of the owner of a vicious dog to adopt measures to ensure the pet is properly confined and cannot injure anyone. Some cities automatically qualify certain breeds as dangerous regardless of previous behavior.
- The owner of the dog did not possess a license to keep a vicious dog for protection. An individual is required to obtain a special license from the state authorities to keep a vicious dog for protection.
- The dog had previously bitten a person. West Virginia imposes the “one-bite” rule for dog owners. This means that the owner of a dog not officially considered dangerous may not be held strictly responsible the first time the animal bites someone. But the law may hold owner strictly liable for subsequent bite incidents.
Contact The Miley Legal Group for Help with a Dog Bite Injury Case
Plaintiffs who wish to file claims for dog bite incidents should hire the services of an attorney who can gather the requisite evidence, interpret the law as it applies to specific incidents, and build a convincing case.
Contact The Miley Legal Group at 304-931-4088 for help and to discuss case-specific information and how West Virginia’s dog bite laws apply to your case.