West Virginia Dog Bite Laws

Dog bite laws continue to be relevant in the U.S. since around 4.5 million incidents are recorded across the country every year. West Virginia, where various instances of dog attacks have taken place, significantly contributes to this number annually.

For example, in June 2023, a 71-year-old man in Beckley was killed by his own dog after he had fallen unconscious on his porch. The dog was shot by a responding officer after it was found latching onto its owner’s throat.

In the same year, a deputy in Monongalia County was injured by a dog while serving a civil warrant to a local resident. The officer suffered injuries to his hand, while the dog was impounded and put under quarantine.

These two incidents highlight the relative unpredictability of dog attacks in general. Dogs can bite regardless of their breed, and even family pets can harm their owners. This makes it easy for people to be caught off guard when a dog attack occurs.

This article aims to inform West Virginians of the state’s laws on dogs to help raise awareness regarding proper dog ownership. It will also present the legal guidelines involved for victims who wish to take legal action against negligent owners.

Dog Owner Responsibilities in West Virginia

Licensing and Head Tax

As part of the state’s primary requirements, dog owners in West Virginia whose pets are at least six months old must have them registered. Under state law, such dogs are considered personal property and subject to taxation.

The cost of a license depends on the locality. For example, the city of Wheeling has an annual license fee of $1.25 for male dogs and $2 for female dogs. A license for a spayed female dog costs the same as a male dog’s. Licenses are valid until June 30 of the fiscal year in which they were issued.

Once a dog has been licensed, it will be subject to the state’s head tax. This costs $3 for all dogs, regardless of gender. However, dogs registered as guide or support animals for people with disabilities are exempt from this tax.

All licensed dogs in West Virginia must also wear their registration tag at all times. If a dog is caught without its tag, local authorities will automatically consider it unregistered. As a result, it can be impounded, sold, or even killed.

Rabies Vaccination

To ensure the well-being of dogs and people alike, West Virginia requires all dog owners to have their pets vaccinated against rabies. Dogs do not need to be vaccinated before they are three months old. However, they must be inoculated by the time they are six months old.

The vaccine must render a dog immune for up to three years, with a booster shot being administered one year after the first inoculation. From there, the dog must receive booster shots every three years. These provisions also apply to dog owners who are bringing their pets into the state.

Running at Large

The state has a law allowing vaccinated dogs to run at large within any locality. However, it also grants the Commissioner of Agriculture the authority to quarantine all dogs within an area at their discretion. In addition, it permits local commissions to regulate or restrict at-large dogs even if they are vaccinated.

On the other hand, the same provision allows a vaccinated dog to run at large if it is engaging in any legal hunting, training, herding, or farm-related activities. Cities and counties may not enforce any ordinance that prohibits this.

Nevertheless, cities and counties throughout West Virginia have the authority to prohibit dogs from running at large in other contexts. Areas with such ordinances include Monongalia County and the city of Weirton. The former also requires all dogs in public to be restrained with a leash that has a maximum length of six feet.

Noise Control

Many municipalities in West Virginia have their own regulations prohibiting the ownership of nuisance dogs that bark or howl continuously. These include the cities of Weirton and Dunbar, as well as Fayette and Wayne Counties.

The penalties for violations of noise control laws depend on the area. For instance, Wayne County may fine violators up to $250 or imprison them for a maximum of 30 days. A similar fine is imposed in Fayette County.

Breed-Specific Legislation in West Virginia

Breed-specific legislation refers to laws that restrict or prohibit the ownership of dog breeds that are classified as dangerous. The basis for these statutes is drawn from studies that show how these breeds often have a higher risk of harming people.

Organizations like the American Veterinary Medical Association oppose these kinds of laws because of the stigma they propagate against certain dogs. In spite of this, there are many states in the country that have breed-specific legislation.

Currently, West Virginia does not have any breed-specific laws on a statewide scale. However, some areas, like Bluefield and Ceredo, explicitly ban pit bulls and wolf hybrids. Other locations, like Montgomery and Huntington, classify these breeds as dangerous or “vicious,” thus subjecting them to harsher restrictions.

Dangerous Dogs

West Virginia’s municipalities classify and regulate dangerous dogs through their ordinances. These canines are defined as those that attack without provocation or have previously injured or killed someone. Areas that ban or restrict pit bulls and wolf hybrids also label these animals as dangerous.

Owners of dangerous dogs may face stricter restrictions and regulations in their area. In Morgantown, for instance, a dangerous dog must be spayed or neutered, as well as leashed in public. Its owner must also have liability insurance with a minimum coverage of $100,000.

Similarly, Charleston requires dangerous dogs to be microchipped and confined in an enclosure at all times. Additionally, their owner must have at least $50,000 in liability insurance.

Liability Standards in West Virginia Dog Bite Cases

Liability in dog bite cases is determined by assessing whether the offending dog’s owner acted negligently. The owner is often considered liable if they fail to properly restrain their dog or allow it to run at large prior to an incident.

West Virginia only has one statewide law that explicitly governs the liability of negligent dog owners. Under this law, the owner of a dog will be held liable for any injuries or damages the animal causes while it runs at large.

The state also follows the one-bite rule in other cases. This dictates that once a dog bites someone for the first time, the owner must take the animal’s tendency to injure someone into account and prevent further attacks. They will be held liable if they fail to do so and their dog bites another person.

However, if a victim was taunting, provoking, or tormenting a dog before being bitten, they may be held partially liable for their own injuries. Similarly, liability rules may not immediately apply if the victim was trespassing or committing a crime against the dog or its owner.

A partially liable victim’s total awarded damages may be deducted under West Virginia’s modified comparative negligence rule. The amount reduced will be equal to the percentage of the victim’s own liability. If their fault reaches or exceeds 51%, they will no longer be able to recover any damages.

Statute of Limitations in West Virginia for Dog Bite Cases

Under West Virginia’s statute of limitations for personal injury, dog bite victims must file their lawsuits or claims within two years. This timeframe begins from the date of injury. Failure to file within the given period will likely result in the dismissal of a victim’s case.

In spite of this, the statute of limitations can be paused or “tolled” for victims under 18 years old or those classified as legally insane. It will only continue counting down once the victim turns 18 or recovers from their insanity. However, the statute cannot be tolled beyond 20 years.

Penalties for Dog Bites in West Virginia

Dog owners in West Virginia whose pets attack or kill people may face different sanctions. These often depend on whether they violated any ordinances concerning the proper handling of their dogs. In general, common violations that have no designated penalties will result in a misdemeanor charge and a maximum fine of $100.

West Virginia also lets counties assign dog wardens who may order the conviction of dog owners who violate local ordinances. Offenders will be charged with a misdemeanor and fined up to $100 for a single infraction.

Furthermore, the state prohibits any person from harboring or hiding a dog that has attacked or killed a farm animal. Those who do so will be fined between $10 and $50, jailed for up to 30 days, or subjected to both fines and jail time. A violator will be penalized for each day that they harbor an offending dog.

State law also requires a dog owner to quarantine their pet for 10 days for rabies observation if it bites anyone. Any owner who violates this provision may be fined $50 or jailed for two to three days.

Lastly, cities and counties may impose their own penalties on violators of local ordinances. For example, any person in Charleston who lets an aggressive dog run at large will be fined at least $60. Meanwhile, Morgantown has a $250 penalty charge for those who fail to register a dangerous dog.

Reporting and Handling Dog Bite Incidents

When bitten by a dog, a victim should first prioritize cleaning up their injury and receiving first aid. It is important to not panic and to follow instructions from medical responders to ensure that the matter is brought under control. If the injury is serious, the victim must go to the nearest hospital or clinic to receive immediate treatment.

In addition to these steps, the offending dog must be contained, if possible. As mentioned above, the dog’s owner must quarantine the animal for 10 days in order to observe it for rabies symptoms. Furthermore, those involved must notify the local authorities, health department, and animal control center.

From here, the authorities will carry out an investigation into the matter. This will allow the victim to start gathering evidence for legal action if they wish to pursue damages.

How To Find a Dog Bite Attorney in West Virginia

In West Virginia, the number of dog-related ordinances in each municipality can make it tricky for bite victims to plan their legal options. Throughout the process, they may have to learn about the offending dog’s history and identify which regulations its owner violated.

Because of these issues, it is recommended for victims in the state to look for and talk to a dog bite attorney or a personal injury lawyer. With proper legal assistance, they can find evidence to support the case and calculate the amount of damages they can potentially recover.

Other Resources for Dog Bite Victims in West Virginia

West Virginia State Bar - Public Services

State residents can seek potential legal assistance in civil law matters with the help of the West Virginia State Bar’s Lawyer Referral Service. Through this, they can schedule a 30-minute consultation with an attorney for a $25 fee. They can also participate in the State Bar’s Tuesday Legal Connect by calling 1-800-642-3617 to speak with volunteer lawyers for free. The service is open every Tuesday from 6 p.m. to 8 p.m. 

West Virginia Office of Epidemiology and Prevention Services - Animal Bites and Rabies

The WV Office of Epidemiology and Prevention Services has a directory of online resources providing users with information concerning rabies and risk prevention. The directory also offers access to report forms for rabies infections and animal encounters.

West Virginia Department of Health and Human Resources - Surveillance and Investigation Protocol

The West Virginia Department of Health and Human Resources helps inform locals on how to report animal bites and rabies exposure through its Surveillance and Investigation Protocol advisory. It also provides information concerning rabies infections and testing guidelines.