West Virginia Dog Bite Law

How dog bite liability works in West Virginia

West Virginia's dog statute is one sentence long. W. Va. Code § 19-20-13 says that an owner or keeper "who permits such dog to run at large" is liable for "any damages inflicted upon the person or property of another" while the dog is at large¹. It dates from 1951 and has never been amended¹. It is not limited to bites. A loose dog that knocks down a cyclist or kills a neighbor's pet is covered¹⁹.

The Supreme Court of Appeals first read the statute in Marcum v. Bellomy, 157 W. Va. 636, 203 S.E.2d 367 (1974). A German Shepherd from next door bit a small child in her great-grandmother's yard, and the trial judge had thrown the case out because nobody proved the owners knew the dog was vicious. The court reversed. It held that the statute's purpose was to put responsibility for dog damage on the owner, and that a dog "is permitted to run at large if he is not properly secured"².

So the key question in a West Virginia case is often where the dog was and how it was held. A dog that bites on its owner's own land, while properly tied or fenced, falls outside the statute². Then the older law applies. Under Jividen v. Law, 194 W. Va. 705, 461 S.E.2d 451 (1995), the owner is liable if the animal had a dangerous trait the owner knew or should have known about, or if the owner was simply careless³.

Owners also face criminal law. Knowingly keeping a vicious dog is a misdemeanor, and only a circuit court or magistrate can order a dog killed¹⁴¹⁷. Ohio and Pennsylvania next door have broader statutes. See the one-bite rule guide for how the rule works elsewhere.

The West Virginia dog bite statute

Any owner or keeper who permits a dog to run at large is liable for any damage the dog does to another person or their property while at large¹. The statute says nothing about the dog's history, so you do not have to prove an earlier bite². In Marcum v. Bellomy the court held that a dog is at large whenever it is not properly secured². The court suggested that an owner whose dog was properly confined, or was let loose by a stranger without the owner's consent, would have a defense².

• Law: W. Va. Code § 19-20-13 (Dog running at large; liability of owner), enacted 1951; last changed Not amended since 1951 (H.B. 187); the version in force in October 2026
• Injuries covered: Any injury the dog causes (bites, knock-downs, chases)
• Where: Only when the dog was running at large
• Who is liable: The owner, or a keeper or harborer
• Damages: All damages, under the ordinary rules

Other ways to prove liability

Jividen v. Law (1995) sets out two claims when a domestic animal injures someone who was lawfully where they were³. The first is strict liability under Restatement (Second) of Torts § 509: the animal had a dangerous or vicious trait and the owner or keeper knew or should have known about it³. Calling an animal "frisky" or "rambunctious" is not enough³. The second is ordinary negligence. The question is whether the owner could foresee the harm from the animal's past behavior and failed to take reasonable care³. Breaking a county or city leash ordinance can be evidence of negligence. Leash ordinances are authorized by § 19-20-6²⁰. Breaking one also often means the dog was "at large" for § 19-20-13¹².

Defenses owners raise

Other defense

The dog was properly secured. The statute applies only if the owner "permits" the dog to run at large¹. In Marcum the court said this wording would give the owner a defense on the owner's own property, and probably a defense if a third party freed a properly confined dog without the owner's consent². The claim then turns on the owner's knowledge or negligence³.

Provocation

Section 19-20-13 has no provocation exception¹. Teasing or hitting the dog still matters. It counts as your share of fault under § 55-7-13c, and it can show the dog was not acting out of a dangerous trait⁶³. In State v. Blatt the court found that a bite during a game of fetch was ordinary play behavior, not proof of a dangerous dog¹⁶.

Trespassing

The statute has no trespass exception either¹. But a dog inside its owner's fence is usually not at large, so a trespasser bitten there is left with the common-law claim². Under Jividen, that claim protects a person who was lawfully in the place where the animal hurt them³.

Other defense

A guard dog license is no shield. An owner who keeps a dog generally considered vicious for protection must buy a $10 special license and secure the dog so it cannot injure people lawfully on the property. The statute adds that the license is not "a defense to any action for personal injury, wrongful death or damage to property"¹⁸.

Shared fault

Modified comparative fault (barred at 51%) (W. Va. Code § 55-7-13c(c)).

Your own fault does not bar recovery unless it is "greater than the combined fault of all other persons" responsible⁶. At 50% you still recover half. At 51% you recover nothing⁶. Below that, your award is cut by your percentage⁶. The rule covers "any action for damages", which on its wording includes a § 19-20-13 claim. We found no appellate decision applying it to that statute⁶¹. Each defendant pays only its own share of fault⁶.

How the five fault systems compare: provocation, trespass and shared fault.

West Virginia dog bite statute of limitations

2 years (W. Va. Code § 55-2-12(b))

You have two years from the injury to sue for personal injuries, and two years for damage to property, such as a pet killed by a loose dog⁴. A claim against a county, city or other political subdivision, for example over its own animal-control work, must also be filed within two years⁷.

Children. If the bitten person is a minor, the two years start on their 18th birthday, but no suit can be filed more than 20 years after the bite⁵. Against a political subdivision, a child under 10 has two years or until their 12th birthday, whichever is longer⁷.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

You can recover medical bills, lost wages, pain and suffering, scarring and disfigurement, and other harm the dog caused. Section 19-20-13 allows "any damages" and sets no cap¹. Punitive damages require clear and convincing evidence of actual malice or "conscious, reckless and outrageous indifference" to others' safety. They are capped at four times compensatory damages or $500,000, whichever is greater⁸. For a pet killed by a loose dog, the measure is the pet's market or special value. In Julian v. DeVincent, 155 W. Va. 320 (1971), the court held that sentimental value and mental suffering are generally not recoverable⁹.

Landlords and property owners

No West Virginia appellate court has decided whether a landlord is liable for a tenant's dog, as far as we found in October 2026. The closest authority is Bowers v. Wurzburg, 207 W. Va. 28, 528 S.E.2d 475 (1999), a gasoline-leak case. There the court adopted Restatement (Second) of Torts §§ 379A and 837, which make a lessor liable for a tenant's dangerous activity the lessor knew or should have known about¹⁰. The court noted that the most common use of that rule elsewhere is in tenant-dog bite cases¹⁰. Section 19-20-13 names only the owner or keeper¹.

Insurance

We found no West Virginia statute or insurance rule, as of October 2026, that limits insurers' use of dog breed in homeowners or renters policies. State law also requires no liability insurance or bond for a vicious or dangerous dog. The owner of a vicious guard dog pays only a $10 special license¹⁸.

More on coverage, breed exclusions and renters policies: dog bite insurance.

What "running at large" means after Marcum v. Bellomy

Section 19-20-13 does not define "at large", and the Supreme Court of Appeals has interpreted it only once in a published opinion. In Marcum v. Bellomy (1974), the neighbors' German Shepherd left their property and bit a small child in her great-grandmother's yard. Her excited cry, "Prince bite me", was allowed into evidence². The court read the statute in favor of the injured person. It held that a dog "is permitted to run at large if he is not properly secured"².

The opinion also marked the limits. The word "permits" would avail an owner "a defense on his own property". It would "probably" also protect an owner whose properly confined dog was released by a third party without consent². So a dog on a broken chain, or one that slips through a gap in a fence, may still be at large. A dog that bites a visitor in its owner's yard while properly tied usually is not, and that visitor must prove the owner knew of a dangerous trait or was negligent under Jividen v. Law³. The statute covers people and property alike, so it also applies when a loose dog kills a pet, as in Julian v. DeVincent (1971)⁹. See also dog attacked my dog.

Bite reports and quarantine

Under the health rule 64CSR7, a bite or scratch by a mammal must be reported to the local health officer within 24 hours¹². The duty falls on the treating physician or health care provider, the veterinarian, the humane or animal control officer, and the bitten adult if no provider is involved. If the bitten person is a child, the parent or guardian must report¹². The local health department then decides whether rabies shots are needed¹³.

Whoever owns or harbors a dog, cat or other domestic animal that bites a person must confine it at once for 10 days of rabies observation, whether or not it is licensed¹¹. The local health officer directs the confinement of an owned dog, cat or ferret. Strays are picked up and isolated for 10 days¹². If the owner does not confine the animal, the humane officer, dog warden or sheriff may place it with a licensed veterinarian at the owner's expense. The penalty is a $50 fine or two to three days in jail¹¹. After a bite to the head, face or neck, a very severe bite, or signs of rabies, the health officer may direct that the animal be euthanized and its brain tested¹².

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on West Virginia dangerous dog law.

Questions about West Virginia dog bite law

Is West Virginia a strict liability state for dog bites?

Only partly. W. Va. Code § 19-20-13 makes the owner or keeper liable without proof of the dog's history, but only when the owner let the dog run at large¹. If the dog was properly secured, you must prove the owner knew or should have known it was dangerous, or was negligent²³. The national strict liability dog bite states table lists West Virginia as partial for that reason.

Can I sue if a neighbor's loose dog bit me on my own property?

Yes. That is the case § 19-20-13 was written for. A dog that leaves its owner's property is not properly secured, and the owner or keeper is liable for any damage it does while at large¹². You have two years from the bite to file⁴.

My child was bitten. How long do we have to file?

The two-year limit does not start until the child turns 18, so the child can sue up to age 20. But no suit can be filed more than 20 years after the bite⁵. Parents' own claims, such as for medical bills they paid, may run on a shorter clock. Claims against a county or city have their own limits for young children⁷. See the child dog bite guide.

Can I ask a court to have a dog put down after it attacked my child?

Not by filing your own lawsuit. In Durham v. Jenkins (2012), the Supreme Court of Appeals held that § 19-20-20 creates no private right to seek a dog's destruction. The order must come out of a criminal proceeding brought by the state¹⁵. You can report the attack to animal control or the prosecuting attorney, and a circuit court or magistrate then decides on "satisfactory proof" of the dog's behavior¹⁴¹⁶.

Will my dog be taken away for the 10-day quarantine?

Usually not, if you confine it yourself. The law requires the owner to confine the dog for 10 days, and the local health officer gives the order¹¹¹². If you fail to confine it, officials can place it with a licensed veterinarian at your expense¹¹. A bite to the head, face or neck, an unusually severe bite, or signs of rabies can lead the health officer to direct euthanasia and testing instead¹².

Official contacts

Sources

1. W. Va. Code § 19-20-13, Dog running at large; liability of owner, West Virginia Legislature. Checked 17 October 2026.
2. Marcum v. Bellomy, 157 W. Va. 636, 203 S.E.2d 367 (1974), CourtListener (Free Law Project). Checked 17 October 2026.
3. Jividen v. Law, 194 W. Va. 705, 461 S.E.2d 451 (1995), CourtListener (Free Law Project). Checked 17 October 2026.
4. W. Va. Code § 55-2-12, Personal actions not otherwise provided for, West Virginia Legislature. Checked 17 October 2026.
5. W. Va. Code § 55-2-15, Disability of infancy or insanity, West Virginia Legislature. Checked 17 October 2026.
6. W. Va. Code § 55-7-13c, Apportionment of damages, West Virginia Legislature. Checked 17 October 2026.
7. W. Va. Code § 29-12A-6, Limitation of actions (Governmental Tort Claims and Insurance Reform Act), West Virginia Legislature. Checked 17 October 2026.
8. W. Va. Code § 55-7-29, Limitations on punitive damages, West Virginia Legislature. Checked 17 October 2026.
9. Julian v. DeVincent, 155 W. Va. 320 (1971), CourtListener (Free Law Project). Checked 17 October 2026.
10. Bowers v. Wurzburg, 207 W. Va. 28, 528 S.E.2d 475 (1999), CourtListener (Free Law Project). Checked 17 October 2026.
11. W. Va. Code § 19-20-9a, Dogs, cats, etc.; rabies observation, West Virginia Legislature. Checked 17 October 2026.
12. W. Va. Code R. § 64-7-5 (64CSR7), Reportable diseases: potentially rabid animal bites, West Virginia Secretary of State (Bureau for Public Health rule). Checked 17 October 2026.
13. Animal Bites and Rabies: Healthcare Professionals, West Virginia Office of Epidemiology and Prevention Services. Checked 17 October 2026.
14. W. Va. Code § 19-20-20, Keeping vicious dogs; humane officers may kill such dogs, West Virginia Legislature. Checked 17 October 2026.
15. Durham v. Jenkins, 229 W. Va. 669, 735 S.E.2d 266 (2012), CourtListener (Free Law Project). Checked 17 October 2026.
16. State v. Blatt, 235 W. Va. 489, 774 S.E.2d 570 (2015), CourtListener (Free Law Project). Checked 17 October 2026.
17. Robinson v. City of Bluefield, 234 W. Va. 209, 764 S.E.2d 740 (2014), CourtListener (Free Law Project). Checked 17 October 2026.
18. W. Va. Code § 19-20-21, License fee for keeping vicious or dangerous dog, West Virginia Legislature. Checked 17 October 2026.
19. W. Va. Code § 19-20-19, Offenses; criminal penalties; jurisdiction, West Virginia Legislature. Checked 17 October 2026.
20. W. Va. Code § 19-20-6, County dog warden; rules and regulations for dog control, West Virginia Legislature. Checked 17 October 2026.