You might be aware that you can hold a pet owner responsible if a dog bites you in West Virginia, but what about if another dog attacks your dog? Unlike West Virginia’s dog bite statute, the state does not have a law specifically addressing dog-on-dog attacks. You will need to navigate West Virginia’s property damage laws, negligence standards and other dog-related statutes to understand your options in this scenario.

Dogs Are Classified as Property in West Virginia

First, you must realize that West Virginia does not classify pets as people for legal purposes. They are viewed as property. This changes the options that are available when someone else’s dog attacks yours. While the dog bite statute (WV Code Section 19-20-13) permits an injured victim to file a claim against a pet owner or keeper who permitted the dog to run at large in connection to a dog bite injury, this rule does not apply when it was a dog or pet that was injured.

Dogs are instead subject to West Virginia’s property damage laws. A dog who is injured in a dog attack may give the owner grounds to file a property damage lawsuit rather than a dog bite injury claim. A claim brought for property damage as it pertains to an injured pet could repay the owner for related losses, such as veterinary bills to treat the dog’s injuries. In West Virginia, an owner of damaged property has two years to file a civil claim against the at-fault party for financial damages under WV Code 55-2-12.

The Negligence Standard Applies to Property Damage Claims

West Virginia’s dog bite law is a strict liability statute, meaning a person who is injured in a dog attack does not have to prove that the owner of the pet was negligent at the time of the incident to qualify for financial compensation. For example, it is not necessary to establish that the pet owner knew that the dog had vicious propensities or failed to prevent a reasonably foreseeable dog attack. The pet owner will be strictly (automatically) liable for damages caused by his or her dog, regardless of negligence.

A claim filed for an attack involving two dogs, however, comes with a requirement to prove negligence. Rather than assigning strict liability, West Virginia law requires a plaintiff to prove that a defendant was negligent or reckless and that this caused the property damage in question. In a case where your dog was attacked by someone else’s dog, you have the burden to prove that the other pet owner was negligent.

Negligence in a dog attack case can take many forms. Allowing the animal to run at large – failing to obey the city’s leash laws – is one example of pet owner negligence. Another is failing to properly control a dangerous dog, which is a dog that has bitten someone or killed a domestic animal in the past. If the pet owner knew or reasonably should have known that his or her pet was aggressive but failed to control the dog, this also constitutes negligence.

How to Prove Liability for a Dog-on-Dog Attack

If you file a lawsuit against a pet owner for a dog that attacked your dog, you have the burden of proving the pet owner’s negligence as more likely to be true than not true. This requires clear and convincing evidence. Evidence to support this type of case may include signed eyewitness accounts, statements from neighbors who have noticed aggressive behaviors from the dog before, video surveillance footage, and any previous complaints or dog bite reports involving the dog.

You may also have to contend with defenses presented by the other dog owner against liability, such as that your dog provoked the attack or that you were trespassing. A West Virginia personal injury lawyer can help you combat these defenses, collect evidence, hire experts and take other steps to strengthen your case. For more information about this type of lawsuit in West Virginia, contact Manchin Injury Law  to request a free consultation.

Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.

  • Taylor Downs was easy to talk to (I do not speak the legal language well!) and was very upfront and honest about the entire process of my case. He kept me updated as the case progressed, and answered my relentless questions. The end result was a favorable settlement that I’m not sure could have been any better with anyone else. In short, go see Taylor if you have a case. Don’t be intimidated to go seek his help, he won’t blow your brains out with “legal speak”.

    - PAUL MOUSER

  • Being referred to Taylor was the best thing I could have asked for. Taylor and staff are very easy to talk to. I would highly recommend them to anyone.

    - DAWN FRISENDA

  • If I ever have to go through it again I would definetly call Taylor right away. The group was so helpful through my situation and handled everything that needed to be done. They made a stressful situation a stress free situation. With Taylor you dont have to worry about one thing. Definietly would recomend to anyone.

    - TAYLOR G.

  • Efficient, knowledgeable, and friendly.

    - NOAH SCHUMAKER

  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.

    - ANONYMOUS

  • Manchin Injury Law Group, Took care of me when I got into a car accident while I was pregnant. Very scary moment for a first time mom but thankfully Manchin Injury Law Group had my back and treated me great. They made me feel as if I was part of their family. My son is now 7 Months Old and very happy and healthy. I’m very thankful for them for helping me through everything and getting me what we deserved. I 100% would recommend them to anyone. If I ever have an accident again they will be my number 1 phone call!

    - SHAWNNA SHAFFER

  • The support given helped me to feel like I was included in my personal injury case every step of the way. I was informed about the entire process throughout. It was amazing how quick the turn around time was and I would definitely recommend Attorney Timothy J. Manchin to anyone!

    - ANONYMOUS

  • Taylor and Kelly worked hard on my case so I didn’t have to. Thanks guys!

    - TERRI L. ARMENTROUT

  • Excellent experience dealing with Manchin Injury Law. They were very responsive, professional and easy to talk to. I did my homework before I hired a lawyer after my accident and I am so glad I found Manchin Injury Law Group. If you are injured, give them a call!

    - VILLA COVENANTS

  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.

    - CHAD BILOTTA

  • Kelly and Taylor did all the hard work so that I didn’t have to. They both cared about my circumstance and got me a nice settlement. Taylor knows what he is doing and I felt comfortable with my case in his hands.

    - JASON + STACIE MORGAN

  • Great lawyers. They helped me with a West Virginia case.

    - JOSEPH SAUNDERS

  • Such a great experience with Taylor and this firm. Thankful for their diligence and their work on our case. Thank you to all!

    - RENEE FLORENCE WARNER

  • Had a easy and smooth experience with a great attorney so when you go there make sure you ask for Taylor.

    - TIM CROSS

  • My experience at the Manchin Injury Law Group was extremely positive, and I would recommend them to anyone who needs a compassionate and experienced lawyer on their side.

    - TAMMY LACARIA

Contact Us Today

We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.

If you are unable to visit our firm, we can come to your home or hospital room.

Fill out the form below to get in touch!

100% privacy guarantee