Dog Bite Statute of Limitations in West Virginia
Last verified 2026-07 · Source: W. Va. Code § 19-20-13; SOL: § 55-2-12 ✓ verified · 3 sources
The deadline
2 years
from date of bite/injury, under W. Va. Code § 19-20-13; SOL: § 55-2-12.
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The deadline to file a dog bite lawsuit in West Virginia is 2 years, set by W. Va. Code § 19-20-13; SOL: § 55-2-12. It starts running on date of bite/injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
West Virginia Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Dog Bite | 2 years | W. Va. Code § 19-20-13; SOL: § 55-2-12 |
| Car Accident | 2 yrs | W. Va. Code § 55-2-12 |
| Credit Card Debt | 10 yrs | W. Va. Code § 55-2-6 |
| Medical Malpractice | 2 yrs | W. Va. Code § 55-7B-4 |
| Wrongful Death | 2 yrs | W. Va. Code § 55-7-6 |
| Personal Injury | 2 yrs | W. Va. Code § 55-2-12(b) |
| Slip and Fall | 2 yrs | W. Va. Code § 55-2-12(b) |
| Defamation | 1 yr | W. Va. Code § 55-2-12 |
| Breach of Contract | 10 yrs | W. Va. Code § 55-2-6 |
| Medical Debt | 10 yrs | W. Va. Code § 55-2-6 |
When the Clock Starts
In West Virginia, the limitations period for dog bite injury claims generally begins on date of bite/injury. West Virginia does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
WV imposes strict liability for dogs running at large under § 19-20-13; for leashed dogs the common law one-bite rule applies requiring proof of known dangerous propensity. The 2-year personal injury SOL under § 55-2-12 governs all dog bite claims.
Source: W. Va. Code § 19-20-13; SOL: § 55-2-12, official West Virginia statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for West Virginia government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How West Virginia Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| West Virginia | 2 years | W. Va. Code § 19-20-13; SOL: § 55-2-12 |
| Pennsylvania | 2 yrs | 3 Pa.C.S. § 459-502 (Dog Law); SOL: 42 Pa.C.S. § 5524(2) |
| Maryland | 3 yrs | Md. Code Ann., Courts & Jud. Proc. § 3-1901 |
| Virginia | 2 yrs | Va. Code Ann. § 3.2-6540; SOL: § 8.01-243 |
| Kentucky | 1 yr | KRS § 258.235(4) |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10 |
Frequently Asked Questions
How long do I have to file a dog bite lawsuit in West Virginia?
You have 2 years from date of bite/injury, under W. Va. Code § 19-20-13; SOL: § 55-2-12.
Can I still sue after 2 years in West Virginia?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
West Virginia generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
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Sources
- Official W. Va. Code § 19-20-13 - West Virginia Legislature
- Corroborating West Virginia Dog Bite Laws - WDHJ Law
- Corroborating West Virginia Dog Bite Law - DogBiteLaw.com
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed West Virginia attorney.