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When a dog bites you, you may be seriously injured or killed. If you have been bitten by a dog, you may be left with permanent disfigurement and scarring. When a canine attacks, those who have been bitten may be able to recover monetary damages by filing personal injury lawsuits with the help of our West Virginia dog bite lawyers.
Dog attacks can happen for a variety of reasons, as it is unusual for dogs to bite or attack a human for no reason at all. Some dog bites occur due to the actions of the bite victim. For example, when dogs are taunted, scared, or provoked, they often lash out by biting.
In other cases, dog bites are entirely out of the control of the person who was bitten. Some dogs are overly aggressive or protective of their territory or owner. Others are easily startled or under constant stress.
Regardless, a dog owner is responsible for taking reasonable steps to prevent their animal from attacking another person. This starts with ensuring the dog is contained and not running loose. If a dog is free to roam, they are far more likely to bite someone.
Statistically, some people are more likely than others to be attacked by a dog. Out of every age group, children from age five to nine are the most likely to suffer a bite from a dog. This is often due to a child’s inability to understand that they are hurting or scaring an animal. Children are also less likely to recognize body language or other indications that a dog is uncomfortable or in distress.
Furthermore, men are far more likely to be bitten by a dog than women. Some speculate that this is because men are generally larger, louder, and may therefore be more threatening than women to a dog.
In West Virginia, canine bites that happen away from a dog owner’s property are covered by the state’s dog bite statute. West Virginia Code §19-20-13 provides that a dog’s owner will be held strictly liable if their dog is allowed to run at large and subsequently bites someone. A dog’s keeper may also be held strictly liable for resulting injuries if they allow the dog to run loose. Strict liability means that injured plaintiffs do not need to prove that the owner of the dog knew that the animal would behave in an aggressive manner. The injuries are sufficient by themselves.
A different set of rules applies when a bite happens on the property of a dog’s owner. These rules come out of case law, which is also known as the common law. When a bite happens under these circumstances, the one-bite rule will apply. This means that you will be required to prove that the owner knew the dog had aggressive tendencies and was likely to cause injury to others. You may also need to proceed under principles of owner negligence.
West Virginia dog bite laws can become complicated because different legal standards may apply depending on where the attack occurred and the circumstances surrounding it. In some situations, dog owners may be held strictly liable for injuries caused by dogs that were allowed to run loose. However, cases involving bites that occur on the dog owner’s property are often evaluated under common law principles, including the “one-bite rule.”
Leash laws and local animal control ordinances can also affect a dog bite claim. If a dog owner violated local leash requirements or allowed a dangerous animal to roam freely, that evidence may help establish negligence. However, dog owners and insurance companies may still attempt to defend these claims by arguing the injured person provoked the dog before the attack happened.
At Jan Dils, Attorneys at Law, we understand how confusing these legal issues can become after a serious dog attack. Our team can investigate the circumstances surrounding the bite and help injured people understand what legal options may be available under West Virginia law.
Dog bite cases often involve legal disputes, particularly when the attack happens at an apartment complex, rental property, or other shared living environment. In some situations, property managers or landlords may have known about a dangerous dog on the premises but failed to address repeated complaints or leash violations before the attack occurred.
Cases involving children also present unique legal and emotional challenges. Children are statistically more likely to suffer severe dog bite injuries, especially involving the face, neck, and upper body. Because young children may not recognize warning signs from animals, dog owners and insurance companies sometimes attempt to argue that the child provoked the dog or contributed to the attack. These situations can become highly contested after serious injuries occur.
Another common issue arises when the dog owner denies responsibility altogether. Some owners dispute whether their dog caused the injuries, claim the victim was trespassing, or argue the attack happened differently than reported. Insurance companies may also challenge the seriousness of the injuries or question whether medical treatment was necessary.
We understand how overwhelming these disputes can become for injured individuals and families. Our team can gather evidence, interview witnesses, review animal control records, and help build a strong claim after a serious dog attack.
Many dog bite claims are paid through insurance coverage rather than directly by the dog owner personally. In West Virginia, homeowners insurance commonly provides liability coverage when a dog injures someone on or around the insured property. Renters insurance policies may also provide coverage if the dog owner rents the home or apartment where the attack occurred.
However, insurance coverage issues are not always straightforward. Some policies contain exclusions involving certain dog breeds, prior bite incidents, or animal-related injuries. In other situations, the dog owner may not carry insurance at all, creating additional challenges for the injured person seeking compensation.
Certain cases may involve multiple insurance policies. For example, if a dog attack occurs at a rental property or apartment complex, both the tenant’s renters insurance and the property owner’s insurance policy may become relevant. Apartment complexes or landlords may also face liability if they knew a dangerous dog was living on the property and failed to address safety concerns.
Dog bite injuries remain a serious public safety issue throughout the United States, particularly for children. Studies consistently show that children between the ages of five and nine face some of the highest risks for severe dog bite injuries. Because children are smaller in size, attacks are more likely to involve the face, head, or neck, which can result in permanent scarring and emotional trauma.
Infections are also a major concern after dog attacks. Even wounds that initially appear minor can develop dangerous bacterial infections if not treated promptly. Some victims require hospitalization, surgery, or long-term medical treatment because of infection-related complications following a bite. Dog bite injuries frequently involve more than physical wounds alone; victims may experience anxiety, sleep problems, fear of animals, or emotional distress long after the attack itself.
Many dog attacks happen during everyday situations in neighborhoods and residential communities. Loose dogs, improperly secured fences, leash violations, and unexpected encounters with unfamiliar animals often contribute to serious injuries. Delivery drivers, postal workers, utility employees, and children playing outdoors may face elevated risks because they regularly encounter dogs in residential settings.
An experienced attorney can help pursue a dog bite case in many different ways. Usually, the first step in the process involves a thorough investigation. In some cases, it may be necessary to first identify the owner of the dog. Without finding the owner, it is impossible to hold them accountable for their animal’s behavior.
An attorney can also help with:
Experienced legal advocates can advise you on the strength of your canine attack case and ensure that it complies with all the strict requirements that come with filing a lawsuit. Chief among these requirements is the statute of limitations.
The statute of limitations is the formal deadline that applies to all civil lawsuits in West Virginia, including those involving animal attacks. You have only two years from the date of the attack to file a dog bite lawsuit against the animal’s owner. Filing a lawsuit after the two-year window could result in the case being dismissed.
Dog owners will often try to defend against civil lawsuits by claiming that their dog was not at large. If the bite happened on their property, they may argue that the person who was bitten was trespassing. Certain people who are on the property in order to do their jobs, such as postal carriers, meter readers, and others are considered lawfully present.
When you are attacked by a dog, you may want to seek help from our team at Jan Dils, Attorneys at Law. At the initial consultation, we will review the facts of what occurred and give an honest assessment of the winnability of the case. If we agree to accept representation, our West Virginia dog bite lawyers will work hard to help our clients recover by securing financial compensation for their losses.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
