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Chapter 19     Entire Code
‹ Chapter 18C  |  Chapter 20 › Printer Friendly Versions
Chapter 19  |  Article 19 - 20D

1 - DEPARTMENT OF AGRICULTURE

1A - DIVISION OF FORESTRY

1B - SEDIMENT CONTROL DURING COMMER

1C - CARE OF LIVESTOCK

2 - MARKETING AGRICULTURAL PRODUCTS

2A - PUBLIC MARKETS

2B - INSPECTION OF MEAT AND POULTRY

2C - AUCTIONEERS

2D - IMITATION HONEY PRODUCT LAW

2E - HUMANE SLAUGHTER OF LIVESTOCK

2F - BEEF INDUSTRY SELF-IMPROVEMENT

2G - TREE FRUIT INDUSTRY SELF-IMPRO

2H - CAPTIVE CERVID FARMING ACT

3 - SALE OF FARM PRODUCTS BY COMMIS

4 - COOPERATIVE ASSOCIATIONS

5 - GRADING AND PACKING OF FRUITS A

5A - CONTROLLED ATMOSPHERE STORAGE

6 - DEMONSTRATION PACKINGHOUSES AND

7 - STATE AID FOR FAIRS

8 - COOPERATIVE EXTENSION WORKERS

9 - DISEASES AMONG DOMESTIC ANIMALS

9A - FEEDING OF UNTREATED GARBAGE T

10 - MALE BREEDING ANIMALS

10A - THE WEST VIRGINIA EGG MARKET

10B - LIVESTOCK DEALER'S LICENSING

11 - BULK MILK TRADE LAW

11A - DAIRY PRODUCTS AND IMITATION

11B - FROZEN DESSERTS AND IMITATIO

11C - SOUTHERN DAIRY COMPACT

11D - TRADITIONAL CHEESE PRODUCTIO

12 - INSECT PESTS, PLANT DISEASES

12A - LAND DIVISION

12B - INTERSTATE COMPACT ON PEST C

12C - INTERAGENCY COMMITTEE ON PES

12D - WEST VIRGINIA NOXIOUS WEED A

12E - INDUSTRIAL HEMP DEVELOPMENT

13 - INSPECTION AND PROTECTION OF

14 - WEST VIRGINIA COMMERCIAL FEED

15 - WEST VIRGINIA FERTILIZER LAW

15A - WEST VIRGINIA AGRICULTURAL L

16 - WEST VIRGINIA SEED LAW

16A - WEST VIRGINIA PESTICIDE CONT

16B - WEST VIRGINIA PESTICIDE USE

17 - FENCES

18 - GENERAL STOCK LAW

19 - PRESERVATION OF AGRICULTURAL

20 - DOGS AND CATS

20A - VACCINATION OF DOGS AND CATS

20B - SPAYING OR NEUTERING OF DOGS

20C - WEST VIRGINIA SPAY NEUTER AS

20D - PRIVATE CAUSE OF ACTION FOR
    19 - 20 D- 1
    19 - 20 D- 2
    19 - 20 D- 3

21 - DRAINAGE DISTRICTS

21A - CONSERVATION DISTRICTS

21B - WATERSHED IMPROVEMENT DISTRI

22 - VINEGARS

23 - HORSE AND DOG RACING

24 - INTERSTATE COMPACT ON LICENSU

25 - LIMITING LIABILITY OF LANDOWN

26 - GENERAL JOHN MCCAUSLAND MEMOR

27 - WEST VIRGINIA STATE FARM MUSE

28 - VITAMIN AND MINERAL ENRICHMEN

29 - PRODUCTION OF NONTRADITIONAL

30 - DONATED FOOD

31 - GUS R DOUGLASS AGRICULTURAL C

32 - AQUACULTURE DEVELOPMENT

33 - EQUINE RESCUE FACILITIES ACT

34 - DANGEROUS WILD ANIMALS ACT

35 - FARMERS MARKETS

WVC 19 - CHAPTER 19. AGRICULTURE.
WVC 19 - 20 D- ARTICLE 20D. PRIVATE CAUSE OF ACTION FOR THE HUMANE DESTRUCTION OF A DOG. WVC 19 - 20 D- 1 §19-20D-1. Purpose.

  The purpose of this article is to protect the public by providing a private cause of action seeking euthanasia of a dog in magistrate court to a person who has been attacked by a dog resulting in personal injuries requiring medical treatment which cost $2,000 or more, or who has been attacked by the dog and the dog had attacked a person causing personal injury which required medical treatment within the previous twelve months. WVC 19 - 20 D- 2 §19-20D-2. Procedure; petition to magistrate court; elements of action; burden of proof; attorney fees; limitation of action.

     (a) A person seeking relief under this article may apply to the magistrate court in the county where the dog owner resides, or the county where the injury occurred, by verified petition setting forth and affirming the following:

     (1) That the owner of the dog resides in the county where the petition is filed or the attack giving rise to the action occurred in the county where the petition is filed;

     (2) That the petitioner was:

     (A) Attacked by the dog and the attack resulted in personal injuries requiring medical treatment in the amount of $2,000 or more; or

     (B) Attacked by the dog and the dog had engaged in a separate attack on a person causing personal injury requiring medical treatment within the previous twelve months; and

     (3) That the petitioner did nothing to provoke the dog.

     (b) The petition and summons shall be served on the respondent in the manner set forth in Rule 4 of the West Virginia Rules of Civil Procedure.

     (c) The petitioner must prove the allegations in the petition by clear and convincing evidence.

     (d) The prevailing party is entitled to an award of reasonable attorney fees and costs.

     (e) The limitations of the cause of action in this article are as follows:

     (1) Relief, other than attorney fees and costs in subsection (d) of this section, is limited to an order directing that the owner of the dog have the dog euthanized; and

     (2) The cause of action provided by this article does not establish statutory liability nor does it supplant a common law negligence cause of action. WVC 19 - 20 D- 3 §19-20D-3. Order of the magistrate court.

     (a) If the trier of fact finds by clear and convincing evidence that the dog which is the subject of the action under this article has attacked the petitioner and caused personal injuries requiring medical treatment in the amount of $2,000 or more or that the dog attacked the petitioner and within the twelve month period prior to the attack had engaged in a separate attack causing personal injury requiring medical treatment, then the court shall order the owner of the dog to have the dog euthanized.

     (b) The magistrate court shall issue and file a written order that sets forth the following:

     (1) Findings of fact and conclusions of law; and

     (2) If the court orders euthanasia, a specific date upon which the owner of the dog must have the euthanasia performed and a direction that documentation be mailed to the petitioner and filed with the court by a specific date showing that the procedure was performed.

     (c) If the court does not order euthanasia, the court shall order that the petition be dismissed with prejudice.

     (d) The court may award reasonable attorney fees and costs to the prevailing party.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§19 - 13 - 4 - (Amended Code)
SENATE BILL - 531
PASSED - Regular Session

SB531 SUB1 enr  (Uploaded - 10/02/2017)
Relating to renewal date for apiary certificates of registration
§19 - 12 E- 5 - (Amended Code)
HOUSE BILL - 2453
PASSED - Regular Session

HB2453 SUB ENR  (Uploaded - 11/30/2017)
Expanding the list of persons the Commissioner of Agriculture may license to grow or cultivate industrial hemp
§19 - 14 - 4 - (Amended Code)
§19 - 14 - 5 - (Amended Code)
HOUSE BILL - 2552
PASSED - Regular Session

HB2552 SUB ENR  (Uploaded - 10/06/2017)
Increasing the pet food registration fee and directing that the additional money be deposited into the West Virginia Spay Neuter Assistance Fund
§19 - 1 A- 3 A - (Amended Code)
§19 - 2 A- 4 - (Amended Code)
§19 - 9 A- 3 - (Amended Code)
§19 - 12 D- 7 - (Amended Code)
§19 - 15 - 2 - (Amended Code)
§19 - 34 - 6 - (Amended Code)
§19 - 35 - 3 - (Amended Code)
HOUSE BILL - 2948
PASSED - Regular Session

HB2948 SUB ENR  (Uploaded - 10/06/2017)
Establishing timelines for taking final action on certain permits
§19 - 25 - 7 - (Repealed Code)
SENATE BILL - 270
PASSED - Regular Session

SB270 SUB1 ENR  (Uploaded - 03/14/2016)
Repealing code relating to insurance policies
§19 - 1 - 7 - (New Code)
SENATE BILL - 387
PASSED - Regular Session

SB387 SUB2 enr  (Uploaded - 02/25/2016)
Shared animal ownership agreements to consume raw milk
§19 - 2 H- 11 - (Amended Code)
HOUSE BILL - 4673
PASSED - Regular Session

HB4673 SUB ENR  (Uploaded - 03/17/2016)
Providing for a crime for the theft, damage or release of deer from private game farms
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