Factors That May Determine Owner Liability in a Dog Bite or Attack

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group

A dog owner may be considered liable for injuries or other damages if his or her dog attacks somebody. This may be the case if he or she knew there was the potential for an injury to occur or if the dog had previously bitten somebody.

Owner Liability in a Dog Bite or Attack

In order to prove an owner’s liability for a dog bite, you must demonstrate that the owner knew or should have known that the dog may bite or attack. In West Virginia, the one-bite rule may make it difficult to place liability on owners for a first bite, but subsequent bites may lead to owner liability.

The following are factors that may help in determining owner liability for a dog bite or attack: 

  • the dog previously bit someone;
  • the owner was careless in controlling the dog; and/or
  • the dog was running loose.

Seeking Help from a Dog Attack Attorney in Clarksburg

According to the Centers for Disease Control and Prevention (CDC), about 386,000 individuals require treatment for a dog bite in an emergency department every year in the U.S. To help combat what some see as dangerous breeds, some cities and towns in West Virginia have enacted breed restrictions or bans. If you or a loved one was injured in a dog bite or attack regardless of the dog’s breed, contact The Miley Legal Group at (888) 436-0859.

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