Dogs can bring enormous joy and comfort to people. Many people treat their dogs like beloved family members. Unfortunately, dogs occasionally attack people, and those attacks can cause significant damage.
If a dog attacked and bit you or your loved one, you might be able to recover compensation for your losses. A Wheeling dog bite lawyer at Bordas & Bordas could meet with you to explain your legal rights and options. Our experienced personal injury attorneys could guide you through the legal process of bringing a lawsuit against the dog’s owner or handler.
Relevant Dog Bite Laws
Establishing the liability of a dog’s owner or handler in Wheeling can be complicated, so working with a legal team with experience in cases involving domestic animal bites is critical. Under West Virginia law, if a dog bites you, you have two possible types of legal claims.
Strict Liability
If the handler or owner allowed the dog to roam freely when the dog attack happened, strict liability would apply, as stated in West Virginia Code § 19-20-13. The owner or handler would be strictly liable for any injuries their dog caused while roaming freely without a leash or fence. The dog’s owner would be responsible for the cost of your injuries even if the dog had never shown any previous aggressive tendencies.
Strict liability would apply if a dog bit you in a public park, for example, while you were out for a jog in a Wheeling neighborhood. In situations where strict liability applies, you would not need to prove that the dog’s owner did anything to cause the attack. You would only need to establish that the dog was roaming free and that you suffered dog bite injuries.
One-Bite Rule
If the attack occurs while the dog is not roaming freely, such as while it is on the owner’s property, the one-bite rule would likely apply. To succeed in your legal claim against the dog’s owner, you would need to establish that the dog had bitten someone else before or that they had shown aggressive tendencies and that the owner was aware of these aggressive tendencies.
Our skilled attorneys have successfully helped people in Wheeling recover fair compensation after dog attacks. We have experience negotiating full and fair settlements with dog owners and their insurance companies.
Typical Causes of Animal Attacks
Any dog can bite. Even pets with no prior history of aggression could suddenly snap in certain situations, such as if they are afraid or protecting their owner or territory.
Dog attacks can most commonly occur when a dog is running alone in the streets or when someone provokes a dog, such as by:
- Pulling its tail
- Approaching it from behind
- Bothering it while it is eating
Sadly, children are more likely than adults to suffer serious injuries. Their small stature puts them at risk of experiencing facial wounds. In addition, their innocence prevents them from recognizing dogs as a danger.
Our compassionate lawyers could work tirelessly and aggressively to help your family recover the compensation you need after a dog attack in Wheeling.
Start the Process of Healing With a Wheeling Dog Bite Attorney
Dog bites can leave you with deep-seated emotional and financial losses in addition to your physical injuries. You need to work with a local attorney you can trust will work hard to hold the at-fault party and their insurance company financially liable for your losses.
Start the process by scheduling a complimentary consultation with a Wheeling dog bite lawyer at Bordas & Bordas today.