West Virginia Dog Bite Lawyer

Dedicated Dog Bite Attorney in West Virginia

Being bitten by a dog can be frightening, painful, and disorienting.

You may be focused on getting medical care while also wondering how serious the injuries will become, whether you can return to work, and who is supposed to cover the costs.

When the animal belongs to someone else, another concern quickly enters the picture. A knowledgeable West Virginia Dog Bite Lawyer can help you understand whether West Virginia law gives you a path to compensation.

The answer is not the same in every dog bite case. West Virginia law treats a dog that was running at large differently from one that was secured or on its owner’s property. A prior bite, complaint, or warning about the animal may also become important when establishing what the owner knew.

Wooton, Davis, Hussell & Johnson, PLLC has more than 100 years of combined experience handling dog bite and animal attack cases across West Virginia as explained in our guide to West Virginia dog bite laws. With offices in Beckley, Charleston, and Lewisburg, our personal injury attorney can review what happened, explain the legal issues that may apply, and help you understand your options.

Reach out to discuss your injuries and the circumstances surrounding the incident.

Dog Bite and Animal Attack Cases We Handle Throughout West Virginia

Animal attacks do not all look the same, and the circumstances can change the legal questions involved.

Our firm represents people injured in a range of dog bite and animal attack situations across West Virginia.

• Dog bites and attacks: Injuries caused by a neighbor’s dog, a stranger’s dog, or an animal that escaped from a yard, enclosure, or leash.
• Running-at-large injuries: Bites and other injuries caused when a dog is loose and not under its owner’s control in a public place.
• Attacks on private property: Dog bites occurring inside a home or yard, where the circumstances may require evidence that the owner knew about the animal’s dangerous behavior.
• Child dog bite injuries: Serious injuries involving the face, scalp, hands, and other areas that can require extensive medical care and leave lasting scars.
• Scarring and disfigurement claims: Cases involving reconstructive procedures, skin grafts, scar treatment, and permanent changes caused by an animal attack.
• On-the-job animal attacks: Injuries suffered by mail carriers, delivery drivers, utility workers, and others who are lawfully present on private property when a dog attacks.
• Multiple-dog and pack attacks: Incidents involving more than one animal, where identifying each dog and its owner can become an important part of the investigation.

A Dog Bite Can Affect Much More Than Your Immediate Medical Bills

The first injury may be obvious, but the financial and personal consequences can continue long after the attack.

A serious bite may require stitches, rabies post-exposure treatment, surgery, physical therapy, or ongoing care for damage to nerves and tendons.

Scarring can create another set of concerns, including reconstructive treatment. Children may also experience fear or anxiety after an attack that affects activities they once enjoyed.

When an injury involves your hand, arm, or another body part needed for work, lost income can become part of the claim as well.

West Virginia law does not make every dog owner responsible under the same rule. Under West Virginia Code Section 19-20-13, an owner can be liable without proof of carelessness when the dog was running at large.

When the dog was fenced, leashed, or on the owner’s property, a different rule may apply. The claim can then depend on whether the owner knew, or should have known, that the dog had a history of biting or attacking.

That history can make a significant difference. Prior bites, complaints, warnings, and other records may help establish what the owner knew before your injury occurred.

Your own conduct may also become part of the dispute. An insurer may argue that you provoked the animal, ignored a warning, or entered an area where you were not permitted. We examine the surrounding facts rather than allowing an insurance company’s version of the incident to stand without scrutiny.

Where a West Virginia Dog Bite Case May Be Filed?

The location of the attack and the owner’s residence can affect where a lawsuit is filed. Our three West Virginia offices give our attorneys a presence in several parts of the state.

Dog bite cases arising in and around Beckley may proceed through the Raleigh County Judicial Center at 222 Main Street, part of the Fourteenth Judicial Circuit.

Cases involving the Charleston area may be filed through the Kanawha County Judicial Building at 111 Court Street, which serves the Eighth Judicial Circuit.

Claims arising in Lewisburg and the Greenbrier Valley may proceed through the Greenbrier County Courthouse at 912 Court Street North, part of the Twenty-Ninth Judicial Circuit.

Three of our attorneys, John F. Hussell IV, John D. Wooton Sr., and Russell O. Wooton, are individually recognized on the Super Lawyers directory. Our attorneys bring that experience to cases throughout West Virginia rather than limiting our work to the community where one of our offices is located.

What We Investigate After a West Virginia Dog Attack?

Evidence surrounding an animal attack can become harder to locate as time passes. Property conditions can change, records can become harder to obtain, and witnesses may remember the event differently. Our investigation focuses on establishing the facts while those details can still be documented.

• The location and conditions of the attack: We examine photographs, fencing, gates, leashes, property conditions, and warning signs that may help establish what happened.
• The dog’s prior history: Animal control records, previous complaints, veterinary information, and other available records may reveal whether the owner had notice of earlier aggressive behavior.
• Your medical treatment: We organize medical records related to the attack, including emergency treatment, stitches, scans, surgery, follow-up care, and future treatment needs.
• Insurance coverage: Many dog bite claims involve homeowners or renters insurance. We communicate with the insurer and address the claim rather than leaving you to handle the adjuster on your own.
• Preparation for litigation: If the available settlement does not adequately address the claim, our attorneys are prepared to pursue the case in court. Our legal team includes a former Raleigh County prosecutor and a former municipal judge.

Two West Virginia Rules Can Determine How a Dog Bite Claim Proceeds

West Virginia dog bite cases can fall under different legal rules based on the circumstances surrounding the attack.

Under West Virginia Code Section 19-20-13, an owner may be responsible for injuries caused by a dog that was running at large without requiring proof that the owner acted carelessly.

When the dog was not running at large, the claim can depend on evidence concerning the owner’s prior knowledge. The question may become whether the owner knew, or should have known, about the dog’s tendency to bite or attack.

There is also a deadline for pursuing a personal injury claim. West Virginia Code Section 55-2-12 provides a two-year limitations period for most personal injury claims, including dog bite cases, measured from the date of the injury.

FAQs About West Virginia Dog Bite Laws

Is a dog owner automatically responsible when their dog bites someone in West Virginia?

Not in every situation. When a dog is running at large, West Virginia law provides for owner liability without requiring proof of carelessness. When the dog was fenced, leashed, or on the owner’s property, the claim can depend on whether the owner knew about the dog’s dangerous behavior.

What happens if the attack occurred inside the owner’s home or yard in West Virginia?

In West Virginia, a claim may still be possible, but the legal analysis differs from a running-at-large case. Evidence such as previous bites, animal control complaints, or warnings about the dog’s behavior may become important.

Does homeowners or renters insurance cover dog bite claims in West Virginia?

In West Virginia, many cases, insurance coverage is available through a homeowners or renters policy. The policy and circumstances of the incident determine what coverage may apply.

What if I was partly responsible for what happened in West Virginia?

In West Virginia, an insurer may argue that your conduct contributed to the attack, such as approaching, touching, or provoking the dog or disregarding a warning. West Virginia’s comparative fault rules can affect the amount recovered based on the share of fault assigned to each party.

What compensation may be available after a dog attack in West Virginia?

In West Virginia, depending on the facts of the claim, compensation may include medical expenses, future treatment and scar revision costs, lost wages, and damages for pain and suffering, including psychological effects associated with the attack.

Do I have to report a dog bite before pursuing a claim in West Virginia?

West Virginia requires dog bites to be reported for rabies monitoring. The resulting report may also become relevant evidence in a later claim.

The insurance company offered to pay my medical bills. Should I accept in West Virginia?

In West Virginia, an early payment may not account for future treatment, permanent scarring, lost income, or other losses connected to the injury. Before accepting an offer or signing a release, have the proposed settlement reviewed by a lawyer so you understand what rights you may be giving up.

Can I pursue a claim if I do not know who owns the dog in West Virginia?

Possibly in West Virginia, Animal control records, information from neighbors, and microchip records may help identify the animal and its owner. Once ownership is established, insurance coverage may also become relevant.

If your circumstances do not fit one of these questions, the details of the attack can still be reviewed with our attorneys.

Charleston Workplace Injury Blog Resources:

• Common On-the-Job Injuries in West Virginia
• West Virginia Personal Injury Statute of Limitations

Charleston Workplace Injury Legal Resources:

• W. Va. Code § 23-4-2 — Deliberate Intent Exception
• W. Va. Code § 55-2-12 — Statute of Limitations for Personal Injury
• West Virginia Offices of the Insurance Commissioner — Workers’ Compensation

Discuss Your West Virginia Dog Bite Claim With Our Attorneys

The legal rule that applies to your injury may depend on facts that are easy to overlook after an attack.

Whether the dog was loose, whether the owner had prior notice, where the incident occurred, and what evidence exists can all affect the claim.

Wooton, Davis, Hussell & Johnson, PLLC represents people injured by dogs and other animals throughout West Virginia. Contact our firm to discuss the attack, the injuries you sustained, and the information available about the animal and its owner. We can explain the legal issues that may apply and the options available for pursuing compensation.