West Virginia Dog Bite Lawyers
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 9, 2026
Table of Contents
A dog bite can happen in seconds and leave lasting harm: deep puncture wounds, torn skin, infections, nerve damage and scars, along with fear that can last long after the wounds heal. Children are especially vulnerable, and bites to the face and head are common in young children.
Slavey & Shumaker PLLC helps children and adults injured by dogs throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. For injuries caused by other unsafe conditions on property, see our premises liability page.
1. West Virginia Dog Bite Law
West Virginia has a specific statute for dogs that are allowed to roam. It provides that “[a]ny 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” (W. Va. Code § 19-20-13).
The Supreme Court of Appeals has held that the purpose of this statute is to make owners responsible for damage their dogs cause without requiring the injured person to prove the owner was negligent (Marcum v. Bellomy, 157 W. Va. 636, 203 S.E.2d 367 (1974)). The statute applies to an “owner or keeper”, so a person who was caring for the dog may also be responsible.
2. What “Running at Large” Means
In Marcum, the Court explained that a dog is permitted to run at large if it is not properly secured. The Court also said the statute’s words “who permits such dog to run at large” would give an owner a defense on the owner’s own property, and probably when a third party releases a properly confined dog without the owner’s knowledge, consent or implied consent.
A dog that escapes an unlatched gate, a broken fence or an open door and bites someone on a public street is a common example.
A dog that is not properly secured and wanders onto a neighbor’s land or into a park can also be running at large.
Whether the dog was secured, how it got loose and where the bite happened can decide which rules apply, so we investigate those facts early.
3. Bites When the Dog Was Not at Large
Many bites happen at the owner’s home, on a leash or at a business. The running at large statute may not apply in those situations, but a claim may still be possible. Depending on the facts, it may turn on what the owner knew about the dog’s behavior, whether the owner took reasonable precautions, and whether a landlord or business had a role. West Virginia law also prohibits owning or keeping a dog known by the owner to be vicious, dangerous or in the habit of biting or attacking people, except as the law allows (§ 19-20-20).
If you were partly at fault, such as by provoking the dog, your recovery may be reduced. You can recover as long as your share of fault is not greater than the combined fault of everyone else responsible, and your recovery is reduced by your percentage of fault (W. Va. Code § 55-7-13c(c)).
Bitten by a Dog?
We can explain your options and the insurance that may apply at no cost. Telephone consultations are available.
4. Dog Bite Injuries
| Injury | Why it matters |
|---|---|
| Puncture wounds and lacerations | Can require stitches, surgery or plastic surgery and may leave permanent scars |
| Infections | Bites can introduce bacteria deep into tissue and may require antibiotics or hospitalization |
| Nerve, tendon and muscle damage | Can cause lasting weakness, numbness or loss of function, especially in the hands |
| Fractures and falls | Large dogs can knock people down, causing broken bones and head injuries |
| Emotional trauma | Fear, anxiety and sleep problems are common, particularly in children |
5. Insurance and Who Pays
Dog bite claims are often paid by the owner’s homeowner’s or renter’s insurance. Policies vary, and some exclude particular breeds or dogs with a history of biting. When a dog bite happens at a business or rental property, other policies may apply. We review every possible source of coverage.
6. Compensation After a Dog Bite
| Category | Examples |
|---|---|
| Medical expenses | Emergency care, surgery, rabies treatment, scar revision and counseling |
| Lost income | Missed wages for you or a parent caring for an injured child |
| Non-economic damages | Pain and suffering, scarring and disfigurement, emotional distress and loss of enjoyment of life |
7. What to Do After a Dog Bite
Clean the wound and see a doctor. Bites can become infected, and rabies exposure must be evaluated.
Report it to the county dog warden or animal control so the dog can be identified and observed.
Get the owner’s name, address and insurance information, and the dog’s vaccination status if possible.
Photograph your injuries as they heal, the location and any broken fence or gate, and get witness names.
Most personal injury lawsuits must be filed within two years after the right to sue accrues (W. Va. Code § 55-2-12(b)). Claims involving children and government bodies have their own rules; see our statute of limitations guide.
8. Why Choose Slavey & Shumaker PLLC
Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, investigate how the bite happened, identify the owner’s insurance and pursue full compensation, with special care when the victim is a child. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.
9. Frequently Asked Questions About Dog Bites
Talk With a West Virginia Dog Bite Lawyer
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving clients throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. The consultation is free, telephone consultations are available, and you pay no fee unless we recover.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.