Who Is Responsible for Dog Attacks on Private Property?

A homeowner is responsible for their property. If a repair needs to be made to the home, it will be their responsibility to take care of that fix. If the lawn is overgrown, it is their job to get it mowed. Similarly, if they own a dog, they’re responsible for that dog’s actions on and off that private property. However, there are conditions that could remove direct liability for a homeowner whose dog bit someone visiting their property.

While there are laws in place that are meant to protect the victims of a dog bite attack, many of these laws depend on prior knowledge of the dog’s behavior and the actions of the person who was bitten. Because of these complexities, it is important to speak to an experienced Charleston premises liability attorney. That attorney will understand the applicable “leash laws” and be able to suggest the best approach for seeking a remedy for any injury.

West Virginia Dog Bite Laws and Strict Liability Rules

West Virginia does not have a single statewide leash law requiring dogs to be restrained. However, there is a West Virginia Code that states the following: 

“Any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages inflicted upon the person or property of another by such dog while so running at large.”

In other words, you might not be required to keep your dog on a leash, but if your dog is off a leash and bites someone, you could be liable. That is the state approach. Each municipality in the state is allowed to set its own laws. The City of Charleston enforces the following specific rules for pet owners:

• Leash Length: All dogs must be physically leashed at all times. The maximum leash length allowed is 8 feet. That includes retractable leashes. 

• At-Large Prohibitions: It is unlawful to allow your dog to run at large on any public street, sidewalk, athletic field, or park, or to trespass on the property of another.

• State Parks: If you visit state parks or forests near Charleston, the leash requirement changes to allow a maximum of 10 feet.
• Other Ordinances: Dogs over four months must be microchipped or wear an ID tag, and pets cannot be left unattended in vehicles when temperatures exceed 75°F

How do these regulations apply to a dog bite attack that occurs on private property? This is where the “nuance” of the laws comes into play. There is the “one-bite” or negligence rule to consider. If the attack occurs on the owner’s private property, the owner is liable only if they are negligent. How can they be negligent? That would apply if they knew (or should have known) that their dog had a history of being dangerous or aggressive.

The easiest way to establish liability is if the dog has bitten someone before or shown aggressive behavior. Dog bites that cause injury must be reported and are a matter of public record. No owner likes to admit they have a “nasty” dog, but if they know their dog doesn’t get along with people or other dogs, that would be considered prior knowledge.

The exceptions to dog bite cases involve trespassers and provocation. If someone enters a property uninvited and is bitten by a dog, the owner is not responsible. The same can be said for someone who actively provokes a dog. Yes, a dog can react as dogs do when threatened. That would also absolve the owner of any liability. 

The Role of Homeowners Insurance in Dog Attack Claims

When you are bitten by a dog at someone else’s home, you are entitled to seek compensation for your medical bills, lost wages and pain and suffering. In most instances, the homeowner’s insurance will cover those losses.

A standard policy often covers initial medical expenses, such as emergency room or urgent care visits. Typically, these costs might range from $1,000 to $5,000. However, it is important to note that there are often exclusions and denials in homeowners’ insurance when it comes to dog ownership. For instance, some insurance companies will not cover bites from certain breeds of dogs they classify as dangerous. This could include pit bulls or Rottweilers.

If it is determined that a dog has a known history of aggressive behavior or prior bite incidents, the insurance carrier may refuse coverage. They also limit liability to only guests.

A family member of the household can’t claim damages if their dog bites them.

What happens if the dog owner does not have insurance coverage? In those instances, the dog owner would be personally responsible.

How an Attorney Proves Negligence in a Dog Bite Case

Getting bitten by a dog is a traumatic experience. That trauma is compounded if the dog belongs to a friend or neighbor. You don’t want to “go after them.” Yet, at the same time, you shouldn’t be expected to pay for your medical bills or the time you might miss out on work.

The attorneys at Hendrickson & Long, PLLC understand all too well the emotional and physical toll these types of instances can have on a person. That is why we want to help find a fast and fair resolution.

If we agree to help pursue your claim, we’ll conduct a thorough investigation into the incident. That includes researching the dog’s history to determine whether it attacked anyone else prior to your incident. We’ll conduct interviews with witnesses and apply the relevant ordinances that establish liability.

Best of all, we’ll handle all the communications with the insurance company and the dog owner. When we advocate on behalf of our clients, it provides them with the space to heal without added stress.

If you or someone in your family has been bitten by a dog, you’re entitled to seek a remedy. Call to schedule a free consultation with our office to see what that remedy can look like.