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West Virginia Animal / Dog Law Questions & Answers

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Municipal Law for West Virginia on

Q: There was an arrest warrant completely filled out and signed by Magistrate and a search warrant with unfilled blanks

I was told that they had a warrant for my arrest never told me I was under a rest nor Read Me My Rights after they handcuffed me

Is it illegal arrests according to West Virginia law

Gary Kollin answered on Aug 18, 2019

already answered

1 Answer | Asked in Criminal Law, Real Estate Law, Animal / Dog Law and Civil Rights for West Virginia on

Q: officer brings a warrant for your arrest and does not tell you you're under arrestt or read you your rights is it legal

The search warrant had fun filled in blanks

Gary Kollin answered on Aug 18, 2019

Was it an arrest warrant or a search warrant? What does fun mean?

Unles a statement is being taken from you, then rights do not have to be read. Urban legend

1 Answer | Asked in Personal Injury and Animal / Dog Law for West Virginia on

Q: What is res ipsa loquitur and how would it relate to a personal injury dog bite case?

D. Michael Burke Esq answered on Nov 5, 2018

"Res ipsa loquitur" is a Latin phrase that means "the thing speaks for itself," in other words, an act or injury that does not occur without negligence on some party's fault. An example would be a doctor's cutting off the wrong leg in an operation. Without negligence, the wrong leg is never cut... Read more »

1 Answer | Asked in Personal Injury and Animal / Dog Law for West Virginia on

Q: My dog bit our neighbor while he trespassed on our property. Can he sue me for his injuries?

D. Michael Burke Esq answered on Jun 25, 2018

Your neighbor CAN sue you, but he could have a difficult time winning the case. The nature of your neighbor's trespass, the breed of your dog, and whether or not your dog has a history of biting people could be factors in the case. You should report the incident to your homeowner's insurance... Read more »

1 Answer | Asked in Animal / Dog Law for West Virginia on

Q: My dog engaged wt another dog in the neighborhood street he didn’t bite it but was aggressive threatening have mine kill

Can he? What can i do?

Michelle Johnson Esq answered on Apr 26, 2018

WV has a strict liability dog bite statute that's limited to dogs running at large or off the leash. If the dog is running at large, the victim/s will not be required to prove the owner was negligent. I'm not sure if this answers the question because the question wasn't very clear.

1 Answer | Asked in Animal / Dog Law and Personal Injury for West Virginia on

Q: Two different people ran over two of my dogs , in a 15 minute period , while I was tending to my dog whisper a car came

Flying down the road going about 80 and swerved intentionally and hit my other dog that was down their with me , me and my fiancé had our lights on so they definitely seen us , and my dog was on the side of the road where the gravel is . Neither car stopped . Is their anything we can do ?

D. Michael Burke Esq answered on Apr 8, 2018

It appears from your question that you do not know the identity of either of the drivers. Without knowing who the drivers were, it would be impossible to take action against them. Even if you knew who the drivers were, a civil case would have limited value in West Virginia. West Virginia law... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Animal / Dog Law for West Virginia on

Q: What do i do?

I'm a delivery driver for papa John's and friday night i was on a delivery and was attacked by the owners dog while going to knock on the door. I did not see any beware of dog signs and the owners of the dog wouldn't even come outside two younger children come out and got the pizza. I told them... Read more »

D. Michael Burke Esq answered on Nov 19, 2017

You may have a case against the homeowner, as well as a Workers' Comp claim. Have you seen a doctor? You will receive nothing (or very little) if you don't seek medical attention. Our office no longer handles Workers' Comp cases, but the rule used to be that you had to miss at least 4 days of work,... Read more »

2 Answers | Asked in Wrongful Death, Agricultural Law and Animal / Dog Law for West Virginia on

Q: Hi I had a person to come and pick up a bull from my farm he kept saying he would

So he was suppose to collect the bull on a Friday but never came and the bull died on Sunday does he have any fault in the bull not been taken

D. Michael Burke Esq answered on Nov 2, 2017

It does not appear that the "bull collector" did anything cause the bull to die, so I do not see how he could be responsible for any damages for the bull's death.

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2 Answers | Asked in Animal / Dog Law and Personal Injury for West Virginia on

Q: was bit by a dog and it left puncture wounds and bruising. I called police and it is going to court. why?

was walking down sidewalk and a dog was chained to their front yard and was able to reach the sidewalk and bite me leaving teeth marks through my clothes and bit hard enough to draw blood.

David Alan Wolf answered on May 28, 2016

It appears that there is some kind of administrative action pending regarding this incident. There may even be a criminal action but it is most likely just an administrative action. You can still pursue your own civil claim or case regardless of the pursuit or result of the admnistrative case by... Read more »

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