Charleston Dog Bite Lawyer

Strict Liability

Kanawha-Charleston Humane Association (304-342-1576) and Kanawha County animal control handle dog bite reports and mandatory quarantine for the Charleston metro area. The animal control report is a public record that documents the incident, the dog's identity and vaccination status, and any prior complaints — evidence that supports both the statutory strict liability claim and any concurrent negligence theory.

West Virginia's § 19-20-13 imposes strict liability on any person who owns or harbors a dog — no proof of prior dangerous propensity is required. Charleston's mix of urban row neighborhoods, suburban hillside developments, and older multi-family properties generates bite patterns across a range of settings where the harboring theory extends liability beyond the registered owner to landlords and property managers who knowingly kept a dangerous dog on their premises.

West Virginia uses modified comparative fault with a 51% bar under § 55-7-13a. A plaintiff found exactly 50% at fault still recovers half their damages; the bar falls at more than 50%. Provocation can reduce the award as comparative fault or serve as a complete defense if deliberate — a plaintiff at 49% fault recovers 51% of their damages, and a plaintiff at 51% recovers nothing.

Report a Charleston or Kanawha County dog bite to the Kanawha-Charleston Humane Association at (304) 342-1576. Request all prior animal control records for the dog's address in writing immediately. West Virginia's § 19-20-13 strict liability means you do not need to prove prior owner knowledge — focus on documenting the attack, the dog's identity, and your own peaceable conduct before the bite. Charleston's harboring theory may extend liability to landlords or property managers who knew a dangerous dog was kept on their property — identify the property owner early if the attack occurred in a rental setting.

Read the full statute breakdown: West Virginia Dog Bite Laws → · Typical payouts: West Virginia Settlement Amounts →