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Last Modified on Mar 14, 2026
Dogs are wonderful pets and beloved companions, but sometimes, the unthinkable happens, and a dog becomes violent, endangering the innocent. Dog bites are traumatic, creating lasting psychological and physical impacts for their victims. West Virginia dog bite laws protect those injured by aggressive animals, providing legal recourse to victims and their loved ones.
If you’ve been injured because of a dog bite, it’s vital to seek medical care and legal advice. The law firm of Wooton, Davis, Hussell & Johnson, PLLC, has served residents of Charleston, WV, and the surrounding area for over 40 years. With a proven record of successful outcomes in many kinds of personal injury cases, we are qualified to evaluate your dog bite injury case and offer comprehensive, compassionate representation.
Dog Bite Statistics and Facts
It’s an unfortunate fact that even well-behaved, gentle dogs can sometimes become aggressive, even without provocation. Every year in the US, millions of people are bitten by dogs, and according to the AVMA, over half of dog bite victims are children.
While many people believe that certain dog breeds are more violent than others, any dog can bite. However, certain dog breeds can produce severe injuries due to higher bite force strength. Some dog breeds, such as Rottweilers, Pit Bulls, Doberman Pinschers, and German Shepherds, carry high PSI ratings in their bite, which can lead to catastrophic wounds, some of them potentially life-threatening.
Dogs are the third most dangerous animal on earth, and their close proximity to human beings makes dog bites incredibly common. Each year in the US, around 4.5 million people are bitten by dogs, making these injuries one of the most commonly seen complaints in hospitals throughout West Virginia and the rest of the country.
West Virginia Dog Bite Laws and Liability
If you are a dog owner or a person who has regular exposure to dogs at one of the many dog-friendly parks and hiking trails in the Charleston, WV, area, such as at Alice Knight Memorial Trail or the Harry Wise Loop, it’s important to know the laws around responsible dog ownership and the legal recourse you may have if you are bitten.
In the West Virginia Code, §19-20-13 establishes the guidelines for owner liability when a dog bites someone. If a dog is at large, which means the dog is not secured by a leash and allowed to wander, the owner is 100% liable if anyone is bitten. If a dog is on-leash, and this is the first time the dog has bitten, the owner may only be held partially liable for damages to the injured party, depending on the severity of the injuries.
If a dog has a history of biting, it is considered a vicious dog under §19-20-20 and may be seized or killed by humane officials, and its owner held liable for any damages to the injured party. If such a dog is kept for property defense purposes, the owner must obtain a license to keep the animal on their premises and keep the animal secured at all times to prevent injury to lawfully present individuals.
Compensation for Dog Bite Claims
In West Virginia, dog bite settlements address economic and non-economic damages. Economic damages cover any medical bills, lost wages, diminished earning potential, and funeral or burial expenses if a dog bite is lethal. Non-economic damages compensate victims and their families for pain and suffering, loss of consortium, and mental anguish.
For dog bite injury claims, the West Virginia Code establishes a two-year statute of limitations on personal injury cases resulting from a dog bite. Plaintiffs in these cases have two years from the date of the biting incident to file a claim with the courts.
If you have been injured by an aggressive dog, it is essential to take action to protect yourself and others from dangerous dogs and hold irresponsible pet owners accountable.
FAQs
What Happens if Your Dog Bites Someone in WV?
The circumstances of the dog bite incident help to determine what kind of legal action may impact you if your dog bites someone in West Virginia. The dog’s history, whether or not the dog was on-leash or otherwise secured when the bite occurred, and the severity of the injuries inflicted on the victim will inform the penalties you may face.
Can My Dog Be Taken Away for Biting?
In some cases, especially if the dog has a history of aggressive behavior. Under West Virginia law, vicious dogs can be seized or humanely euthanized if they represent a clear and present danger to those they come in contact with. Dog bites are a serious matter that can result in devastating injuries and death, so it is vital to protect others from vicious animals. Properly training your pet and addressing aggressive behavior early can help prevent dog bites.
What Proof Is Required for a Dog Bite Case?
Evidence necessary to prove liability in dog bite cases includes medical records, photographs of the injury, photos of the animal, if possible, witness statements, and other evidence that can help prove liability. When you hire a dog bite lawyer at Wooton, Davis, Hussell & Johnson, PLLC, we can investigate the details of your case and help you gather the necessary evidence to build a compelling case.
What Does a Level 4 Dog Bite Look Like?
A Level 4 dog bite is one of the most severe injuries a person can sustain in an attack. Characteristics include deep lacerations, sometimes exposing tendons, joints, or even bone, more than one puncture wound, indicating that a high level of force was exerted by the dog – perhaps even lethal force, tearing of the skin, bleeding, and a high degree of pain. Level 4 dog bites can lead to catastrophic injuries and death, especially in small children.
Have You or a Loved One Been Bitten by a Dog? Hire a Dog Bite Lawyer in Charleston, WV
At Wooton, Davis, Hussell & Johnson, PLLC, we know how devastating it can be to endure an attack by a vicious dog. With our compassionate, client-first approach, we can help you receive compensation and justice for your dog bite injuries. Contact us today to schedule your initial consultation.
