mljenkins
Regular Member
imported post
I found some references to dog laws posted in one of the other threads. I thought I would post relevant links for WV specific laws for those that are interested since I could not find any relevant posts within the WV forum.
My wife and I were almost attacked by a large aggressive breed on our own property a few weeks ago. I wanted to know the legal ramifications if my family or animals were attacked and I had to kill the dog, as much as I do not want to do that. The last incident resulted in me firing a shotgun in the air (I live in a very rural area). However, there are other dogs at large in my area and I worry I may come across one that is not intimated by the sound of the gun.
I would be interested in hearing any incidents particular to WV of where someone has had to take defensive action against a dog on or off their own property. I also worry about a civil suit that could follow; however, I would rather be in a court room than a hospital, vet office, or worse a funeral home.
Original reference to the code I found:
http://www.animallaw.info/statutes/stuswvst19_9_1_19_20A_8.htm#s19_20_12
WV State code:
http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=19&art=20
The two laws of most interest to myself were:
§19-20-16. Same -- When lawful to kill dog.
A person may kill a dog that he may see chasing, worrying, wounding or killing any sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts or poultry outside of the enclosure of the owner of the dog, unless the chasing or worrying be done by the direction of the owner of the sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits or horses and colts or poultry.
and
§19-20-12. Dogs, other animals and reptiles protected by law; unlawful killing thereof; aggrieved owner's remedy; penalties; penalties for unlawful stealing of companion animals.
(a) Any dog which is registered, kept and controlled as provided in this article or any dog, cat or other animal or any reptile which is owned, kept and maintained as a companion animal by any person, irrespective of age, is protected by law; and, except as otherwise authorized by law, any person who shall intentionally, knowingly or recklessly kill, injure, poison or in any other manner, cause the death or injury of any dog, cat, other animal or any reptile is guilty of a misdemeanor and, upon conviction thereof, shall be ordered to provide public service for not less than thirty nor more than ninety days or fined not less than three hundred dollars nor more than five hundred dollars, or both. However, this section does not apply to a dog who is killed while attacking a person, a companion animal or livestock. Any person whose dog, cat, other animal or reptile as specified herein is killed or injured wrongfully or unlawfully by any other person shall have a right of action against the person who shall so kill or injure any dog, cat, animal or reptile.
I found some references to dog laws posted in one of the other threads. I thought I would post relevant links for WV specific laws for those that are interested since I could not find any relevant posts within the WV forum.
My wife and I were almost attacked by a large aggressive breed on our own property a few weeks ago. I wanted to know the legal ramifications if my family or animals were attacked and I had to kill the dog, as much as I do not want to do that. The last incident resulted in me firing a shotgun in the air (I live in a very rural area). However, there are other dogs at large in my area and I worry I may come across one that is not intimated by the sound of the gun.
I would be interested in hearing any incidents particular to WV of where someone has had to take defensive action against a dog on or off their own property. I also worry about a civil suit that could follow; however, I would rather be in a court room than a hospital, vet office, or worse a funeral home.
Original reference to the code I found:
http://www.animallaw.info/statutes/stuswvst19_9_1_19_20A_8.htm#s19_20_12
WV State code:
http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=19&art=20
The two laws of most interest to myself were:
§19-20-16. Same -- When lawful to kill dog.
A person may kill a dog that he may see chasing, worrying, wounding or killing any sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts or poultry outside of the enclosure of the owner of the dog, unless the chasing or worrying be done by the direction of the owner of the sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits or horses and colts or poultry.
and
§19-20-12. Dogs, other animals and reptiles protected by law; unlawful killing thereof; aggrieved owner's remedy; penalties; penalties for unlawful stealing of companion animals.
(a) Any dog which is registered, kept and controlled as provided in this article or any dog, cat or other animal or any reptile which is owned, kept and maintained as a companion animal by any person, irrespective of age, is protected by law; and, except as otherwise authorized by law, any person who shall intentionally, knowingly or recklessly kill, injure, poison or in any other manner, cause the death or injury of any dog, cat, other animal or any reptile is guilty of a misdemeanor and, upon conviction thereof, shall be ordered to provide public service for not less than thirty nor more than ninety days or fined not less than three hundred dollars nor more than five hundred dollars, or both. However, this section does not apply to a dog who is killed while attacking a person, a companion animal or livestock. Any person whose dog, cat, other animal or reptile as specified herein is killed or injured wrongfully or unlawfully by any other person shall have a right of action against the person who shall so kill or injure any dog, cat, animal or reptile.