Dog ownership has numerous health benefits. Spending time with our four-legged friends can lower blood pressure, reduce stress, and help us lose weight due to more opportunities for exercise. According to the American Veterinary Medical Foundation, an estimated 36% of American households have a canine family member.
The downside to dog ownership occurs when the animal behaves aggressively. According to the most recent research by the U.S. Centers for Disease Control and Prevention (CDC), over 4,500,000 people are bitten by dogs every year. In addition:
- 19 percent (885,000) require medical attention for their bite injuries
- Half of the victims who need medical treatment are children
- Children aged five to nine account for the highest number of dog bite injuries
- With children under the age of four, two-thirds of the injuries are to the head and neck
If you are attacked by a dog in West Virginia, what can you do to seek compensation? Below is an overview of state dog bite laws. For more information or to get help with your dog bite case, reach out to the experienced animal attack attorneys of Johnstone & Gabhart. We offer free initial consultations for all prospective clients and never charge a fee unless we recover money for you.
West Virginia Dog Bite Statute
Although state law has a dog bite statute (§19-20-13), it is limited to unleashed dogs. Any dog owner or keeper who allows the animal to run at large is liable for any damages, such as injury or property damage), inflicted by the dog while it is loose. The law imposes strict liability, meaning that negligence is automatic and you don’t have to prove that the owner was negligent. In other words, for unleashed dogs, there is no “one-bite rule.”
The one-bite rule is a shorthand term that essentially means that a dog must have a history of biting or violence before its owner can be found responsible for any injuries that it causes. In other words, the dog gets “one bite” before the owner can be held liable for an attack.
West Virginia does not apply the one-bite rule to unleashed dogs – but it does to dogs that are under the owner’s control (leashed or in their house, for example). If a dog bites you while it is not running loose, you have the burden of proving that the owner was negligent or careless. For example, if you can demonstrate that the owner knew the dog was prone to biting, they can be held liable for your injuries.
Proving that a dog owner was negligent can be challenging unless there is proof that the dog had attacked someone in the past. If you were bitten by a dog, you may be wondering what your rights are in terms of filing a personal injury claim. The experienced West Virginia dog bite attorneys at Johnstone & Gabhart can help. Reach out today to schedule a free consultation.
Consequences of a Dog Bite
Tears and lacerations aren’t the only possible consequences of a dog bite. Dogs can also carry dangerous bacteria in their mouths and saliva, making it crucial that you seek medical attention as soon as possible. Examples of dog bite diseases include:
- Pasteurella: These bacteria are seen in over half of dog bite wounds that become infected. Symptoms include swollen glands and difficulty moving due to swollen joints.
- Capnocytophaga: This bacterium is especially serious for those with weakened immune systems. Symptoms of infection include fever, muscle pain, vomiting, diarrhea, and headache.
- MRSA: This staph infection, which can affect the urinary tract, lungs, and skin, can cause life-threatening complications if it reaches your bloodstream.
- Tetanus: You can contract tetanus from a dog bite if you aren’t current with your tetanus vaccinations.
Dog bite injuries can often be severe, and in rare cases, fatal. While you may be reluctant to file a claim against a dog’s owner – particularly if they are a friend or a family member – you may need to do so to cover your costs and get the money that you deserve for your losses.
What to Do After a Dog Bite and Attack
No one will blame you for being frightened and traumatized after a harmful dog attack, but if possible, take the following steps to protect your future personal injury claim.
Identify the Dog’s Owner
If the dog’s owner or custodian is present at the attack, get their name and contact information. If they refuse to give it to you and leave, take photos of the animal and its keeper and call the police. If there were witnesses, get their contact details or ask them to speak to the police.
Collect Information About the Dog
If the owner or custodian is cooperative, ask them about the dog’s vaccination history and whether the dog has any prior history of biting people or other animals.
Seek Medical Attention
Seek medical treatment for your injuries as soon as possible. If you are bleeding heavily and/or have wounds around the face and neck, it may be necessary to call an ambulance. You may need stitches and even a rabies shot if you can’t get any information about the dog’s vaccination history. Be sure to follow the doctor’s instructions afterward.
File a Dog Bite Report
Contact county authorities and file a dog bite report, so that there is legal documentation of the incident. If the dog has bitten anyone before, there may be a record that supports your case. In Charleston, you can contact Kanawha County Animal Services.
Consult with a Lawyer
When you can do so, you should reach out to schedule an appointment with a Charleston personal injury attorney. They will listen to your story, and help you understand your legal rights and options. If you decide to move forward with a claim, they will work with you to ensure that you get maximum compensation for your injuries.
Contact a West Virginia Dog Bite Attorney Near Me
Dogs can be man’s best friend – but they’re still animals, and can often be unpredictable. A dog bite can be incredibly scary and may result in severe injuries. If you have been hurt by a dog, you may be able to file a claim against the owner for your injuries.
At Johnstone & Gabhart, we understand how traumatizing a dog attack can be. Depending on the severity of the incident, you may have significant medical expenses and need to take time off of work. Our skilled and experienced personal injury attorneys will work relentlessly for the compensation you need to cover your financial losses and recover from the attack. Please contact our office for a consultation today.
My Friend’s Dog Attacked Me. Can I Really File a Lawsuit Against Them?
Yes. While the thought of filing a lawsuit against a loved one may seem awful, the reality is that you won’t be suing them – you will be filing a claim with their insurance company. Your friend or family member has homeowner’s or renter’s insurance for a situation exactly like this. Although you may feel weird about bringing a claim, they would likely be upset to know that you had to pay your medical bills and other losses out of pocket.
Of course, not every dog bite case will result in liability for the owner. If you are unsure of your rights and want to learn more, give Johnstone & Gabhart a call. Our Charleston, WV dog attack lawyers will listen to your story and help you better understand your options.
