West Virginia

Summary: The Plaintiff, as administratrix of the estate of her late husband, filed a complaint after he was attacked and killed by American Pit Bull Terriers while taking a walk near his home. The Plaintiff filed against the Defendants, Monroe County, the County Dog Warden Ms. Green, and other defendants, alleging, negligence in performing their statutory duties by allowing vicious dogs to remain at large, and wrongful death. The Plaintiff also sought punitive damages. The Defendants filed a motion to dismiss the complaint and asserted a defense based upon the public duty doctrine. The Circuit Court, Monroe County, granted summary judgment in favor of the Defendants. The Plaintiff appealed. The Supreme Court of Appeals of West Virginia reversed the Circuit Court and remanded. The Supreme Court held that genuine issues of material fact existed for determining whether a special relationship existed between the county and the victim such as whether: (1) the dog warden assumed an affirmative duty to act on the victim's behalf, (2) the dog warden was aware that inaction could lead to harm, (3) the dog warden had direct contact with the victim's wife regarding vicious nature of dogs; and (4) the victim's wife justifiably relied on assurances from dog warden.

Summary: These West Virginia statutes require that an adult protective services worker, a child protective services worker, or a law enforcement officer who responds to an alleged domestic violence incident, who form a reasonable suspicion that an animal is the victim of cruelty, shall report their suspicion to the county humane society within twenty-four hours.

Summary: This statute prohibits unlawful hunting in the state of West Virginia. Subsection (a)(27) effectively serves as the remote hunting ban. It is unlawful for any person to "[h]unt or conduct hunts for a fee when the person is not physically present in the same location as the wildlife being hunted within West Virginia." The statute (subsection (5)) also prohibits hunting by airplane or other airborne conveyance or by "a drone or other unmanned aircraft." Subsection (12) prohibits hunting by use of a ferret.

Summary: The State of West Virginia found the possession of dangerous wild animals to present a serious public health and safety concern. Because of this, the state prohibits a person from possessing a dangerous wild animal unless the animal was owned prior to June 1, 2015 and the owner obtained a permit. Under this statute, a “Dangerous wild animal” means a mammal, bird, reptile, amphibian or aquatic animal, including a hybrid that is dangerous to humans, other animals or the environment due to its inherent nature and capability to do significant harm.

Summary: The Circuit Court of Wayne County ordered that Tinkerbell, a female pit bull terrier, be destroyed pursuant to West Virginia's vicious dog statute, after she injured a neighbor child who was playing in the dog’s yard. The circuit court's decision ordering that Tinkerbell be destroyed relied on a presumption that pit bull dog breeds are inherently vicious. Because extensive debate exists over whether scientific evidence and social concerns justify breed-specific presumptions, the court concluded that courts may not, upon judicial notice, rely solely upon a breed-specific presumption in ordering the destruction of a dog pursuant to West Virginia's vicious dog statute. The adoption of breed-specific presumptions with regard to this statute is the prerogative of the Legislature, not the judiciary, the court stated. In the absence of a breed-specific presumption, the court determined that neither the remaining findings of fact in the circuit court's destruction order nor the facts presented in the record provided satisfactory proof that Tinkerbell must be euthanized. Consequently, the court reversed the circuit court's destruction order.

Summary: This West Virginia law (as it relates to animals) states the a person who keeps a livery stable, or boarding stable for animals, or one who boards, pastures, feeds or trains animals for hire, has a lien upon such animals for the sum due him for the care, boarding, pasturage, feeding, or training of such animals, or the care, keeping of such animals. This lien exists even though such animals are permitted to be taken out of the possession of the one claiming such lien even if the contract has not yet terminated for the lien. The purchaser of such an animal, while out of the possession of the person claiming the lien, can take the property free of the lien unless he or she had actual notice of the lien at the time of purchase.

Summary: The following article discusses West Virginia Great Ape law. West Virginia has no law that restricts or otherwise mentions great apes. In fact, West Virginia does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only law to address great apes because it covers all animals is the state’s anti-cruelty provision. The law does except the humane use of animals or activities regulated under the Animal Welfare Act, and the law’s accompanying regulations. This would include scientific research and animal exhibitors licensed under the Animal Welfare Act.

Summary: An Animal Control Officer responded to a complaint about two dogs at defendant's residence. While investigating the complaint at defendant's residence, the animal control officer was attacked by one of defendant's dogs. The officer sought medical treatment following the incident. The City of Bluefield subsequently brought charges against defendant in its municipal court, charging her with having a dangerous animal in violation of city ordinances. The municipal court ordered the dog killed. On appeal, the Circuit Court of Mercer County affirmed the municipal court's decision. Defendant then appealed the Circuit Court's decision arguing that that Circuit Court erred in concluding that the municipal court had the authority to order the destruction of her dog. After review, the Supreme Court of Appeals of West Virginia agreed with defendant and found that under the plain language of W.Va.Code § 19–20–20, the City of Bluefield was required to set forth satisfactory proof that defendant’s dog was “vicious, dangerous, or in the habit of biting or attacking other persons” before a circuit court or a magistrate, not a municipal court. The court therefore found that ordinance was void to the extent that it allowed a municipal court to order the destruction of the dog. The circuit court's order affirming the municipal court's order to kill Ms. Robinson's dog was therefore reversed. Justice Loughry dissents.

Summary: This West Virginia statute provides that it is the duty of the county assessor at the time of assessment of the personal property within such county, to assess and collect a head tax of one dollar on each male or spayed female dog and of two dollars on each unspayed female dog.  In addition to the above, the assessor and his deputies shall have the further duty of collecting any such head tax on dogs as may be levied by the ordinances of each and every municipality within the county.  The tax also serves the function of providing a registration for the dog.  Any person who refuses to pay the tax after a specified period may have his or her dog seized, which may then be sold or eventually destroyed.

Summary: These West Virginia statutes comprise the state's anti-cruelty and animal fighting provisions.  If any person cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor.  If any person intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal, he or she is guilty of a felony.  The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management.  The section also prohibits animal fighting, making it a felony if the animal is a dog or other fur-bearing animal ("canine, feline, porcine, bovine, or equine species whether wild or domesticated"), and a misdemeanor if not (i.e., cockfighting).