Dog owners can describe their dog’s personality in great detail. They know if their dog gets along great with other dogs, people, or even cats. Unfortunately, that assessment is not always accurate.
Despite how we think of our dogs as members of the family, we don’t really know how they are going to react in any given situation. The dog can be friendly one minute and then turn on a person and bite them. That is why dog owners must also take full responsibility for their pets.
If you or someone in your family suffered a dog bite, you can suffer mounting medical bills, pain, and suffering. Those are all compensable damages that you should be able to recover. However, a dog owner might claim their pet was provoked and they shouldn’t have to pay. That is when you need to involve an attorney from Forbes Law Offices.
We have a lot of experience helping clients recover damages from a painful dog bite. With these types of claims, it is essential to begin with the applicable laws.
Did the dog owner break the law, and are they liable for the incident?
What Does “Running at Large” Mean for Dog Owners?
Every city and state creates regulations about dog ownership. In Charleston, West Virginia, there are no specific leash laws. However, according to West Virginia Code §19-20-13, “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 this case, “running at large” would mean a dog that is not being controlled by their owner. That would include a dog being off-leash. Even if the dog owner is walking the dog but carrying the leash, it would be considered “running at large.”
What happens if a dog escapes from a backyard without the owner knowing it happened?
A ruling by the West Virginia Supreme Court of Appeals states that the dog owner will still be liable for any injury the dog causes.
How Does the One-Bite Rule Apply?
West Virginia follows the “one-bite” rule for dog bites that occur on the owner’s property. If you went to visit a friend and you were bitten by their dog, the burden of proof would be on you to establish that the owner knew the dog had a propensity for aggressive action or had bitten someone in the past.
In that scenario, the owner should have warned you or secured the dog. Every dog bite incident that results in injury must be reported to the local health department.
That creates a bite history for the dog, and that can be used as evidence to establish liability.
What to Do After a Dog Bite?
If a dog has bitten you or someone in your family, you need to follow these steps to protect yourself and establish a claim.
Step One: Seek Medical Attention
A dog bite that breaks the skin would be considered a serious injury. It can lead to infections and severe pain. It is essential to visit an emergency room or urgent care facility immediately after a dog bite to have the wound cleaned and dressed.
Step Two: Report the Bite
You should report the bite to your local animal control and law enforcement authorities. That report will be part of the official record of what happened and establish that the dog would be considered dangerous.
Step Three: Gather Information
It is essential to get contact information for the dog owner and any potential witnesses. If the dog owner is not forthcoming, you can contact the police and ask them to get the information.
Step Four: Take Photos
You should also take photos of the wound and track its recovery process.
Step Five: Speak to an Attorney
An experienced Charleston dog bite attorney can provide you with the information you need to pursue a dog bite claim. The attorneys at Forbes Law Office are well-versed in all applicable West Virginia dog bite laws and regulations.
We can provide you with the guidance you need to decide if you should move forward with your dog bite claim. If we believe the case has merit, we can discuss how to support your pursuit of a remedy.
It all begins with a free consultation. Call to set up your talk today.
