West Virginia Dog Bite Lawyer — Free Consultation
Strict Liability State
West Virginia's strict liability statute — W. Va. Code § 19-20-13 — holds both dog owners and anyone who harbors a dog strictly liable for injuries the dog causes. The harboring theory can extend liability to landlords and property managers who knowingly kept a dangerous dog on their premises.
Your Rights After a Dog Bite in West Virginia
If a dog has bitten or injured you in West Virginia, state law provides strong protection. W. Va. Code § 19-20-13 makes any person who owns or harbors a dog strictly liable for injuries that dog causes — no proof of prior dangerous propensity or owner knowledge is required. There is no first-bite rule in West Virginia.
The statute's reach beyond the registered owner is one of its most important features. A harborer — anyone who keeps, maintains, or allows a dog to remain on their property with their knowledge — can be held liable alongside the registered owner. This theory is especially important in rental housing cases: a landlord who knew a tenant kept a dangerous dog on the property and failed to act may qualify as a harborer, potentially adding their commercial insurance to the recovery pool.
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, if deliberate, serve as a complete defense.
Two years is your filing deadline under W. Va. Code § 55-2-12 — one of the shorter windows among the states on this site. For a minor, the period tolls during minority. Claims against government entities are subject to West Virginia's governmental liability framework. Early engagement with a West Virginia dog bite attorney is especially important given the two-year window.
Kanawha-Charleston Humane Association (304-342-1576) handles animal control for the Charleston metro. The animal control report creates the primary public record of the incident and initiates the quarantine.
West Virginia has no statewide breed preemption. Individual municipalities may enact breed restrictions. Homeowners and renters insurance policies may carry breed exclusions — confirming coverage is an early investigation step.
4 questions a West Virginia attorney will ask you
Answer these to see which factors strengthen or complicate a claim under West Virginia law.
Question 1 of 4
Did the attack occur at a rental property?
W. Va. Code § 19-20-13 extends liability to anyone who "harbors" a dog — potentially including landlords.
West Virginia Dog Bite Laws
West Virginia's dog bite statute — W. Va. Code § 19-20-13 — provides that any person owning or harboring a dog shall be liable for any damages done by that dog to a person. The statute is a strict liability provision: it requires no proof that the owner knew the dog was dangerous before the attack. There is no first-bite rule in West Virginia.
Full breakdown of the statute, comparative negligence rules, and exceptions: West Virginia Dog Bite Laws →
What Compensation Can You Recover?
Economic damages in a West Virginia dog bite case include all documented financial losses: emergency and follow-up medical care, surgery, physical therapy, lost wages, and projected future medical costs. West Virginia has no statutory cap on economic damages against private defendants.
Non-economic damages — pain and suffering, emotional distress, permanent scarring, and loss of enjoyment of life — are fully recoverable without a statutory cap against private defendants. Serious attacks producing permanent facial or hand scarring, post-traumatic stress, or functional impairment support meaningful non-economic awards.
The harboring theory adds a potential second recovery source in rental-property cases. A landlord who qualifies as a harborer under § 19-20-13 is strictly liable alongside the registered owner and may carry commercial general liability insurance with higher per-occurrence limits than the tenant's renters policy. Identifying the property owner early in rental-setting cases is an important investigation step.
West Virginia's two-year SOL creates more time pressure than four-year states like Nebraska or Utah. Evidence quality degrades quickly — camera footage is overwritten within days, and neighbor recollections fade within weeks. Early engagement with counsel is especially important.
See typical dollar ranges: West Virginia Settlement Amounts →
Steps to Take After a Dog Bite
West Virginia's strict liability eliminates the need to prove prior owner knowledge — but the harboring theory requires identifying any landlord or property manager who may have known the dog was dangerous. Seek medical care immediately. Photograph the wound before treatment if possible, and at 24 hours and one week. Collect the dog owner's full name, address, and insurance information. If the attack occurred at a rental property, identify the landlord or property management company and request any prior incident reports or tenant complaints about the dog. Report the bite to local animal control: Kanawha-Charleston Humane Association (304-342-1576) for Charleston; City of Huntington Animal Control (304-696-5544) for Huntington; Monongalia County Animal Control (304-291-7250) for Morgantown. The animal control report creates the primary public record of the incident. Send camera footage preservation requests within 24 hours. West Virginia's two-year SOL creates urgency — engage a West Virginia dog bite attorney promptly. Do not give recorded statements without speaking to counsel first.
What happens after a dog bite in West Virginia
Most claims move through the same six stages. Timings vary — these are typical, not guaranteed.
The bite
Day 0Get the owner's name, address, phone and insurance details before leaving if you safely can, and photograph the scene — in West Virginia that includes any posted signage, not just the wound.
Medical treatment
Same dayDog bites carry a real infection risk from bacteria like Pasteurella and Capnocytophaga. A same-day record also becomes the document every later stage of the claim rests on.
Report & evidence
Days 1–7Report to animal control, which starts the rabies observation period and creates a timestamped official record independent of the owner. Photograph the wound again as it heals, and collect witness contacts.
Insurance claim
Weeks 1–8Most claims are paid by the owner's homeowners or renters policy. Adjusters typically call early to request a recorded statement — their job is to limit the payout, so it's worth getting advice before you're on record.
Attorney consultation
Any time — freeConsultations are free and contingency-based, so cost is rarely the deciding factor. Most attorneys will tell you plainly if a claim is simple enough to handle alone.
Settlement or lawsuit
Before the 2- years from the date of the injury deadlineMost claims settle without a lawsuit. If yours doesn't, West Virginia requires suit within 2 years from the date of the injury (W. Va. Code § 55-2-12) — and an attorney generally won't settle before your treatment reaches maximum medical improvement.
Statute of Limitations
Two years from the date of injury under W. Va. Code § 55-2-12. For a minor, the period tolls during minority — a child bitten at any age generally has until two years after their 18th birthday to file. Claims against West Virginia government entities are governed by the West Virginia Governmental Tort Claims and Insurance Reform Act, which requires specific procedural compliance before suit may be filed against a government defendant. A bite by a state police K-9, a county animal control dog, or any government employee's animal during employment must be identified against those procedures promptly — missing applicable notice requirements bars the government-entity claim regardless of how much of the two-year general period remains.
Full breakdown of the statute, its exceptions, and how shared fault is handled: West Virginia dog bite laws →
Find a Dog Bite Lawyer Near You in West Virginia
West Virginia dog bite questions, answered
The questions West Virginia readers ask most often. General information, not legal advice.
Does West Virginia require proof of a prior bite?
No. W. Va. Code § 19-20-13 is a strict liability statute — both the owner and anyone who harbors a dog are liable without any requirement to prove prior knowledge of dangerous propensities.
Can a landlord be held liable for a tenant's dog bite?
Yes, potentially. § 19-20-13 extends strict liability to anyone who "harbors" a dog — which courts have interpreted to include landlords who knowingly allowed a dangerous dog to remain on their property.
What is the filing deadline for a West Virginia dog bite case?
Two years from the date of injury under W. Va. Code § 55-2-12. For minors, the period tolls during minority. Government entity claims are subject to the West Virginia Governmental Tort Claims and Insurance Reform Act's procedural requirements.
How does West Virginia's comparative fault rule work?
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%.
What should I do right now?
Tick these off as you go. Nothing is saved — this is a checklist to work through, not a form.