West Virginia dog liability for owners of strong dogs
The statute applies when a dog is permitted to run at large. Everything else depends on knowledge or negligence.
The statute
The dogbitelaw.com summary of West Virginia dog bite law quotes West Virginia Code 19-20-13: any owner or keeper who permits a dog to run at large is liable for damages the dog inflicts on a person or property. It says the state court held this imposes strict liability and that a dog is permitted to run at large if it is not properly secured.
When the statute does not apply
The same page says that if the dog is not running at large and no negligence exists, the state applies the one bite rule, though an owner can still be liable if the dog previously bit or showed dangerous conduct, or if the owner was negligent or broke a local safety law. The dogbitelaw.com note on comparative fault lists West Virginia as a mixed comparative fault state with a 51 percent threshold.
Breed claims
The dogbitelaw.com note on State v. Blatt reports that in State v. Blatt the state Supreme Court refused to let lower courts take judicial notice that all pit bulls are vicious. Do not assume breed alone settles a case either way.
Filing deadline
The dogbitelaw.com list of filing deadlines cites West Virginia Code 55-2-12 for the filing deadline. Ask an attorney for the current limit.
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